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CLARK v. LINDSEY

No. 18-1640.

936 F.3d 467 (2019)

Kyle K. CLARK, Petitioner-Appellant, v. Kevin LINDSEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2019.

Attorney(s) appearing for the Case

ARGUED: Kevin S. Gentry , GENTRY NALLEY, PLLC, Howell, Michigan, for Appellant. Rebecca A. Berels , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Kevin S. Gentry , GENTRY NALLEY, PLLC, Howell, Michigan, for Appellant. Rebecca A. Berels , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

SUTTON, J., delivered the opinion of the court in which NORRIS, J., joined. CLAY, J. (pp. 472-78), delivered a separate dissenting opinion.

OPINION

A Michigan jury convicted Kyle Clark of criminal sexual assault and domestic violence. In his direct appeal, Clark argued that his convictions should be set aside based on a Sixth (and Fourteenth) Amendment violation that allegedly arose when a scheduling error prohibited his lawyers from being physically...

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