DAVIS v. LAFLER

No. 08-1291.

609 F.3d 870 (2010)

Tony DAVIS, Petitioner-Appellant, v. Blaine LAFLER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 25, 2010.


Attorney(s) appearing for the Case

ARGUED: Micah S. Myers, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Laura A. Cook, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Micah S. Myers, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Laura A. Cook, Office of the Michigan Attorney GeneraL, Lansing, Michigan, for Appellee.

RUSSELL, Chief D.J., delivered the opinion of the court, in which MOORE, J., joined. GILMAN, J. (pp. 880-85), delivered a separate dissenting opinion.


OPINION

THOMAS B. RUSSELL, Chief Judge.

Petitioner-Appellant, Tony Davis, appeals the judgment of the District Court denying his petition for writ of habeas corpus. Following a jury trial, a Michigan state court convicted Davis of carjacking and receiving and concealing stolen property over a value of $20,000.00. The Michigan Court of Appeals denied Davis's application for leave to appeal for lack of merit, following which the Michigan Supreme Court also...

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