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HODGSON v. WARREN

No. 09-1488.

622 F.3d 591 (2010)

Richard Paul HODGSON, Jr., Petitioner-Appellee, v. Millicent WARREN, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Phillip D. Comorski , Detroit, Michigan, for Appellee. ON BRIEF: Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Phillip D. Comorski , Detroit, Michigan, for Appellee.

Before: GIBBONS, ROGERS, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

The jury that convicted Richard Hodgson of attempted murder never heard the testimony of an eyewitness, Virginia Smith, who would have stated that, as she stood a few feet away from Hodgson during the shooting for which he was charged, she could see his hands and could confirm that he did not draw a gun. The State has conceded in this court, moreover, that Hodgson's trial counsel...

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