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DESAI v. BOOKER

No. 12-2050.

732 F.3d 628 (2013)

Jasubhai K. DESAI, Petitioner-Appellee, v. Raymond BOOKER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Laura Graves Moody , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Matthew F. Leitman , Miller, Canfield, Paddock And Stone, P.L.C., Troy, Michigan, for Appellee. ON BRIEF: B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Matthew F. Leitman , Miller, Canfield, Paddock And Stone, P.L.C., Troy, Michigan, for Appellee. Timothy P. O'Toole , Michael N. Khalil , Miller & Chevalier Chartered, Washington, D.C., for Amicus Curiae.

Before: SUTTON and COOK, Circuit Judges; ROSE, District Judge.

OPINION

SUTTON, Circuit Judge.

In 2001, a Michigan jury found Jasubhai Desai guilty of first-degree murder, and a Michigan trial court imposed a life sentence. The Michigan state courts affirmed the conviction. A federal district court granted Desai's habeas petition on the ground that the admission of his co-defendant's non-testimonial statement against interest violated the Due Process Clause of the Fourteenth Amendment. Because the state courts did not...

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