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DAVENPORT v. MACLAREN

No. 17-2267.

964 F.3d 448 (2020)

Ervine Lee DAVENPORT, Petitioner-Appellant, v. Duncan MACLAREN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 30, 2020.

Attorney(s) appearing for the Case

ARGUED: Tasha J. Bahal , WILMER CUTLER PICKERING HALE AND DORR LLP, Boston, Massachusetts, for Appellant. Jared D. Schultz , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Tasha J. Bahal , Reuven Dashevsky , WILMER CUTLER PICKERING HALE AND DORR LLP, Boston, Massachusetts, for Appellant. Aaron D. Lindstrom , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

STRANCH, J., delivered the opinion of the court in which COLE, C.J., joined. READLER, J. (pp. 468-82), delivered a separate dissenting opinion.

OPINION

Ervine Lee Davenport was convicted of first-degree murder after a jury trial in Michigan state court. He challenges his conviction in a habeas corpus petition under 28 U.S.C. § 2254 because he was visibly shackled at the waist, wrist, and ankles during trial. The State of Michigan admits Davenport...

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