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BLACKSTON v. RAPELJE

No. 12-2668.

769 F.3d 411 (2014)

Junior BLACKSTON, Petitioner-Appellee, v. Lloyd RAPELJE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2014.

Attorney(s) appearing for the Case

ARGUED: B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly A. Jolson , Jones Day, Columbus, Ohio, for Appellee. ON BRIEF: B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly A. Jolson, Jones Day, Columbus, Ohio, for Appellee.

DAUGHTREY, J., delivered the opinion of the court, in which DONALD, J., joined. KETHLEDGE, J. (pp. 433-34), delivered a separate dissenting opinion.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Petitioner Junior Fred Blackston is a Michigan state prisoner serving a life sentence for murder following his retrial and conviction in state court. Before the second trial was held, two of the state's key witnesses recanted their testimony. Because those witnesses were later determined to be unavailable at the new trial, the court ordered their earlier testimony read to the jury, while at the same time denying...

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