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FOSTER v. WOLFENBARGER

No. 10-2023.

687 F.3d 702 (2012)

Demetrius FOSTER, Petitioner-Appellant, v. Hugh WOLFENBARGER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Phillip D. Comorski, Detroit, Michigan, for Appellant. Laura Graves Moody, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Chari Grove, State Appellate Defender Office, Detroit, Michigan, for Appellant. Laura A. Cook, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: COLE and STRANCH, Circuit Judges; CARR, District Judge.

OPINION

COLE, Circuit Judge.

Demetrius Foster was convicted of second-degree murder in connection with the shooting death of Bobby Morris. After trial, the Michigan trial court conducted a Ginther hearing and concluded that Foster's trial counsel was ineffective for failing to raise an alibi defense, stemming primarily from the testimony of a witness who said that Foster was with him at the time of the killing. The Michigan Court of Appeals, however...

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