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GUILMETTE v. HOWES

No. 08-2256.

591 F.3d 505 (2010)

Bruce GUILMETTE, Petitioner-Appellee, v. Carol R. HOWES, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Janet A. Van Cleve, Michigan Attorney General's Office, Lansing, Michigan, for Appellant. Kimberly Thomas, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee. ON BRIEF: William C. Campbell, Assistant Attorney General, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court, in which COOK, J., joined. MARTIN, J. (pp. 512-17), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

A Michigan jury convicted petitioner Bruce Guilmette of first-degree home invasion. In a petition for a writ of habeas corpus, Guilmette alleges that his trial attorneys provided constitutionally ineffective assistance. The district court found that this claim was not procedurally defaulted and that petitioner's counsel were ineffective, and the district court therefore granted petitioner a conditional writ. Because our precedents...

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