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ABBY v. HOWE

No. 12-1437.

742 F.3d 221 (2014)

Leo M. ABBY, Petitioner-Appellant, v. Carol HOWE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2014.

Attorney(s) appearing for the Case

ARGUED: Ross W. Bergethon , Bergethon LLC, Atlanta, Georgia, for Appellant. Dean F. Pacific , Warner, Norcross & Judd, LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF: Ross W. Bergethon , Bergethon LLC, Atlanta, Georgia, for Appellant. Matthew T. Nelson , Elinor R. Jordan , Warner, Norcross & Judd, LLP, Grand Rapids, Michigan, for Appellee.

Before: SUTTON and KETHLEDGE, Circuit Judges; DOW, District Judge.

OPINION

DOW, District Judge.

A Michigan jury found Leo Abby guilty of second-degree murder. Abby's conviction was affirmed on appeal. Abby then filed a petition for a writ of habeas corpus in federal court, arguing that he was deprived of his Sixth Amendment right to counsel of choice and that counsel who tried his case was ineffective. The district court denied the petition. We affirm.

I.

On November 4, 2003, a resident of Buena Vista...

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