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GARCIA-DORANTES v. WARREN

No. 13-2439.

801 F.3d 584 (2015)

Antonio GARCIA-DORANTES, Petitioner-Appellee, v. Millicent WARREN, 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: John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , Office of the Federal Public Defender, Detroit, Michigan, for Appellee. ON BRIEF: John S. Pallas , B. Eric Restuccia , Office of The Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , James R. Gerometta , Office of the Federal Public Defender, Detroit, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court in which POLSTER, D.J., joined. MERRITT, J. (pp. 604-06), delivered a separate dissenting opinion.

OPINION

This case involves Antonio Garcia-Dorantes' procedurally defaulted claim challenging the constitutionality of the jury selection computer program in Kent County, Michigan. In September 2001, a jury convicted Garcia-Dorantes of murder in the second degree and assault with intent to do great bodily harm less...

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