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EWING v. HORTON

No. 17-2485.

914 F.3d 1027 (2019)

Darrell Rashard EWING, Petitioner-Appellee, v. Connie HORTON, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 5, 2019.

Attorney(s) appearing for the Case

ARGUED: Linus Banghart-Linn , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Phillip D. Comorski , Detroit, Michigan, for Appellee. ON BRIEF: Andrea M. Christensen-Brown , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Phillip D. Comorski , Detroit, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court in which SILER, J., joined. MOORE, J. (pp. 1034-36), delivered a separate dissenting opinion.

OPINION

Two months after Darrell Ewing was convicted of murder, a juror filed an affidavit accusing two fellow jurors of conducting after-hours internet research about the case and discussing their findings during deliberations. Without holding an evidentiary hearing to determine what, if any, prejudicial impact...

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