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LEVINGSTON v. WARDEN, WARREN CORRECTIONAL INST.

No. 17-3167.

891 F.3d 251 (2018)

Marty LEVINGSTON, Petitioner-Appellant, v. WARDEN, WARREN CORRECTIONAL INSTITUTION, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 30, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Paul M. Laufman, LAUFMAN & NAPOLITANO, Cincinnati, Ohio, for Appellant. Mary Anne Reese, OFFICE OF THE OHIO ATTORNEY GENERAL, Cincinnati, Ohio, for Appellee.

Before: SUTTON, McKEAGUE, and DONALD, Circuit Judges.

OPINION

Someone murdered Michael Grace. An eyewitness identified Marty Levingston as the assailant, or at least one of them. And a jury convicted him. Levingston filed a habeas petition claiming that the trial court allowed the jury to use the eyewitness's testimony in violation of the Confrontation Clause and the...

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