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AMBROSE v. BOOKER

No. 14-1780.

801 F.3d 567 (2015)

Joseph AMBROSE, Petitioner-Appellee, v. Raymond BOOKER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2015.

Rehearing En Banc Denied: October 21, 2015.

Attorney(s) appearing for the Case

ARGUED: B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , Office of the Federal Defender, Lansing, Michigan, for Appellee. ON BRIEF: B. Eric Restuccia , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , James R. Gerometta , Office of the Federal Defender, Lansing, Michigan, for Appellee.

MERRITT, J., (pp. 582-83), concurred in the judgment, and delivered a separate concurring opinion. POLSTER, D.J. (pp. 583-84), delivered a separate opinion concurring in part and dissenting in part.

OPINION

This case involves Joseph Ambrose's procedurally defaulted claim challenging the constitutionality of the jury selection computer program in Kent County, Michigan. In April 2001, a Kent County jury convicted Ambrose of armed robbery. At jury selection, Ambrose did not object to the racial composition of the...

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