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MUNIZ v. SMITH

No. 09-2324.

647 F.3d 619 (2011)

Joseph MUNIZ, Petitioner-Appellant, v. Willie SMITH, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 29, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Andrew L. Shirvell , Office of the Michigan Attorney General, Lansing, Michigan, for Respondent. Joseph Muniz , Ionia, Michigan, pro se.

Before: KENNEDY, SILER, and McKEAGUE, Circuit Judges.

OPINION

SILER, Circuit Judge.

Petitioner Joseph Arthur Muniz filed a petition for a writ of habeas corpus challenging his state conviction for the 2004 shooting of Pedro Gutierrez. Muniz attacks his conviction on the ground that he was denied his Sixth Amendment right to counsel when his attorney fell asleep while Muniz was being cross-examined by the government. The district court denied Muniz's petition, as well as his request for an evidentiary hearing...

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