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BLACKSTON v. RAPELJE

No. 12-2668.

780 F.3d 340 (2015)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2015.

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.

Before: DAUGHTREY, J., delivered the opinion of the court in which DONALD, J., joined. KETHLEDGE, J. (pp. 362-64), delivered a separate dissenting opinion.

AMENDED OPINION

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...

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