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STEWART v. WINN

No. 18-1204.

967 F.3d 534 (2020)

Douglas Harrie STEWART, Petitioner-Appellant, v. O'Bell "Tom" WINN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 27, 2020.

Attorney(s) appearing for the Case

ON BRIEF: Kelly Ann Kulka , Roula Allouch , GRAYDON HEAD & RITCHEY LLP, Cincinnati, Ohio, for Appellant. John S. Pallas , Rebecca A. Berels , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. Douglas Harrie Stewart, Freeland, Michigan, pro se.

MURPHY, Circuit Judge, delivered the opinion of the court in which READLER, Circuit Judge, joined. STRANCH, Circuit Judge (pp. 541-44), delivered a separate dissenting opinion.

OPINION

A Michigan jury convicted Douglas Harrie Stewart of the premeditated murder of his estranged wife, Venus Stewart. At trial Stewart's accomplice testified that Stewart persuaded him to help in the murder by claiming that Venus was harming the couple's children and that, if she ended up killing them, Stewart...

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