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ETHERTON v. RIVARD

No. 14-1373.

800 F.3d 737 (2015)

Timothy ETHERTON, Petitioner-Appellant, v. Steven RIVARD, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

September 2, 2015.

Attorney(s) appearing for the Case

ON BRIEF: James Sterling Lawrence , Southfield, Michigan, for Appellant. David H. Goodkin , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

McCALLA, D.J., delivered the opinion of the court in which DONALD, J., joined. KETHLEDGE, J. (pp. 756-58), delivered a separate dissenting opinion.

OPINION

On February 15, 2007, a Michigan jury convicted Timothy Etherton of possession with intent to deliver cocaine. After exhausting both direct and collateral appellate review procedures in Michigan, Etherton timely filed a petition for writ habeas corpus in the United States District Court for the Eastern...

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