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MILLER v. STOVALL

No. 08-2267.

608 F.3d 913 (2010)

Sharee MILLER, Petitioner-Appellee, v. Clarice STOVALL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2010.

Attorney(s) appearing for the Case

ARGUED: Mark G. Sands, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee. ON BRIEF: Mark G. Sands, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas, Bridget M. McCormack, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court, in which GIBSON, J., joined. BOGGS, J. (pp. 928-39), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The State of Michigan ("State") appeals the district court's conditional grant of a writ of habeas corpus to prisoner Sharee Miller ("Miller"), who is currently serving a life sentence for second-degree murder and conspiracy to commit first-degree murder. A jury found Miller responsible for the death of her husband after her lover, who allegedly pulled the trigger, committed suicide and left evidence implicating...

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