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MILLER v. STOVALL

No. 12-2171.

742 F.3d 642 (2014)

Sharee MILLER, Petitioner-Appellant, v. Clarice STOVALL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Kimberly Thomas , University of Michigan, Ann Arbor, Michigan, for Appellant. John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Kimberly Thomas , University of Michigan, Ann Arbor, Michigan, for Appellant. Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

BOGGS, J., delivered the opinion of the court, in which KETHLEDGE, J., joined, and MOORE, J., joined in the result. MOORE, J. (pg.14), delivered a separate opinion concurring in the judgment.

OPINION

BOGGS, Circuit Judge.

Sharee Miller ("Miller") was convicted in Michigan state court of second-degree murder and conspiracy to commit first-degree murder and was sentenced to life without parole. The prosecution alleged, and the jury found, that Miller had plotted with her lover, Jerry Cassaday, to murder her husband, Bruce Miller. The evidence of Miller's guilt included extensive email and instant-message ("IM") conversations between Cassaday and...

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