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WALKER v. McQUIGGAN

No. 10-1198.

656 F.3d 311 (2011)

Reginald WALKER, Petitioner-Appellant, v. Greg McQUIGGAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan Sacks , State Appellate Defender Office, Detroit, Michigan, for Appellant. Janet A. Van Cleve , Michigan Attorney General's Office, Lansing, Michigan, for Appellee. ON BRIEF: Jonathan Sacks , State Appellate Defender Office, Detroit, Michigan, for Appellant. Raina Korbakis , Michigan Attorney General's Office, Lansing, Michigan, for Appellee.

CLAY, J., delivered the opinion of the court, in which KEITH, J., joined. COOK, J. (pp. 322-24), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Petitioner Reginald Walker, a state prisoner proceeding through counsel, appeals the January 14, 2010 denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 1, 2001, Petitioner was convicted of first degree murder, Michigan Compiled Laws § 750.316, and possession of a firearm in the commission of a felony, Michigan Compiled Laws § 750.227b, in the shooting death of Larry Troup...

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