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McCLELLAN v. RAPELJE

No. 11-1841.

703 F.3d 344 (2013)

Tyrik McCLELLAN, Petitioner-Appellee, v. Lloyd RAPELJE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2013.

Attorney(s) appearing for the Case

ARGUED: John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Craig A. Daly , Detroit, Michigan, for Appellee. ON BRIEF: John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Craig A. Daly , Detroit, Michigan, for Appellee.

MERRITT, J., delivered the opinion of the court, in which MOORE, J., joined. McKEAGUE, J. (pp. 351-59), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this Michigan criminal case, the Petitioner, Tyrik McClellan, at age 19, was convicted of first degree murder of the victim, Nathan Auld, in connection with a barroom conflict between two groups. McClellan received a mandatory life sentence without parole and a consecutive two-year sentence for a firearm conviction. The district court granted a writ of habeas corpus on the ground that McClellan's defense lawyer did not...

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