BELL v. HOWES

No. 11-1046.

703 F.3d 848 (2012)

Arthur BELL, Petitioner-Appellee, v. Carol HOWES, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 19, 2012.


Attorney(s) appearing for the Case

ARGUED: John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Joan Ellerbusch Morgan , Sylvan Lake, Michigan, for Appellee. ON BRIEF: John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Joan Ellerbusch Morgan , Sylvan Lake, Michigan, for Appellee.

Before: SILER and MOORE, Circuit Judges; VAN TATENHOVE, District Judge.


OPINION

VAN TATENHOVE, District Judge.

Over two decades ago Arthur Bell was convicted of felony murder and possession of a firearm while committing a felony in the shooting death of William Thompson. Bell petitioned for a writ of habeas corpus with the District Court for the Eastern District of Michigan. The petition was granted. For the reasons stated below, the district court's decision will be REVERSED and the case will be REMANDED.

I.

...

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