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BABICK v. BERGHUIS

No. 08-1376.

620 F.3d 571 (2010)

Andrew BABICK, Jr., Petitioner-Appellant, v. Mary BERGHUIS, Warden, Brooks Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Laura Graves Moody , Office of The Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Laura Graves Moody , Office of The Attorney General, Lansing, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which COOK, J., joined. MERRITT, J. (pp. 580-84), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

At 2 a.m. on September 9, 1995, a house burned down in Battle Creek, Michigan, within minutes after Andrew Babick, Jr. left it. Two young boys died in the blaze. A jury in Michigan state court later convicted Babick of one count of arson and two counts of first-degree felony murder. The state trial court sentenced Babick to two terms of life imprisonment without possibility of parole. Babick argues here, as he did in the...

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