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THOMPSON v. RAPELJE

No. 15-1435.

839 F.3d 481 (2016)

Michael THOMPSON, Petitioner-Appellant, v. Lloyd RAPELJE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 11, 2016.

Attorney(s) appearing for the Case

ARGUED: Edmund G. LaCour, Jr. , BANCROFT PLLC, Washington, D.C., for Appellant. Scott R. Shimkus , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Edmund G. LaCour, Jr. , George W. Hicks, Jr. , BANCROFT PLLC, Washington, D.C., for Appellant. Elizabeth Rivard , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Before: ROGERS, SUTTON, and COOK, Circuit Judges.

OPINION

Michael Thompson was convicted on various counts of child abuse, including first-degree criminal sexual conduct, which carries a twenty-five year mandatory minimum sentence. At trial, the disputed question was whether Thompson digitally penetrated the child. In his opening statement, defense counsel promised...

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