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MIDDLEBROOK v. NAPEL

No. 10-2172.

698 F.3d 906 (2012)

Marcus MIDDLEBROOK, Petitioner-Appellant, v. Robert NAPEL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher M. Bruno , Winston & Strawn LLP, Washington, D.C., for Appellant. Bruce H. Edwards , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Christopher M. Bruno , Gene C. Schaerr , Winston & Strawn LLP, Washington, D.C., Stephanie B. Sebor , Winston & Strawn LLP, Chicago, Illinois, for Appellant. Bruce H. Edwards , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: BATCHELDER, Chief Judge, KEITH and DONALD, Circuit Judges.

OPINION

BERNICE B. DONALD, Circuit Judge.

Marcus Middlebrook appeals the district court's denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. On April 23, 2004, a jury convicted Middlebrook of assault with intent to murder, felony firearm possession, and unlawful driving away of a motor vehicle. Middlebrook argues that clearly established federal law entitles him to a new trial because he was denied a fair trial when the jury was...

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