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MOORE v. BERGHUIS

No. 09-2011.

700 F.3d 882 (2012)

Kevin MOORE, Petitioner-Appellant, v. Mary BERGHUIS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

November 30, 2012.

Attorney(s) appearing for the Case

ON BRIEF: David A. Castleman , Kathleen M. Cochrane , Sullivan & Cromwell LLP, New York, New York, for Appellant. Laura A. Cook , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

MARTIN, J., delivered the opinion of the court in which KEITH, J., joined. BOGGS, J. (pp. 890-91), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Kevin Moore appeals the district court's order denying his petition for a writ of habeas corpus filed pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254. Following a jury trial in Michigan court, Moore was convicted of first-degree premeditated murder, being a felon in possession of a firearm, and possession of a firearm in the commission of a felony. He was sentenced...

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