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COWAN v. STOVALL

No. 08-2338.

645 F.3d 815 (2011)

Tracy Lynn COWAN, Petitioner-Appellant, v. Clarice STOVALL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Evan B. Stephenson , Wheeler Trigg O'Donnell LLP, Denver, Colorado, for Appellant. Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Evan B. Stephenson , Wheeler Trigg O'Donnell LLP, Denver, Colorado, for Appellant. Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which ROGERS, J., joined. BATCHELDER, C.J. (pp. 821-22), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

Tracy Cowan was charged with various drug offenses in Michigan state court based on her presence in a house where the drugs were found. Cowan did not own the house, and her defense was that she did not know the drugs were there. But her lawyer at the time—who was high on cocaine for much of the time he represented her—never interviewed any of the other people in the house or called them as witnesses at trial...

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