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BALLINGER v. PRELESNIK

No. 12-1357.

709 F.3d 558 (2013)

Dwayne BALLINGER, Jr., Petitioner-Appellee, v. John PRELESNIK, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2013.

Attorney(s) appearing for the Case

ARGUED: Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Sanford A. Schulman , Schulman & Associates, P.C., Detroit, Michigan, for Appellee. ON BRIEF: Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Sanford A. Schulman , Schulman & Associates, P.C., Detroit, Michigan, for Appellee.

Before: SILER, COLE, and SUTTON, Circuit Judges.

OPINION

SILER, Circuit Judge.

Following an evidentiary hearing, the district court granted Dwayne Ballinger's petition for a writ of habeas corpus. The government appeals. For the following reasons, the district court's decision will be reversed.

I. BACKGROUND

This matter arises from an early morning shooting that took place in Detroit, Michigan in 2006. Two men, Darius Jones and Mario Harris, stood talking to their friend Raymon Nixon...

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