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JOHNSON v. BAUMAN

No. 20-2181.

27 F.4th 384 (2022)

Andrew Dean JOHNSON, Petitioner-Appellant, v. Catherine S. BAUMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2022.

Attorney(s) appearing for the Case

ON BRIEF: David L. Moffitt , LAW OFFICES OF DAVID L. MOFFITT & ASSOCIATES, PLLC, Bingham Farms, Michigan, for Appellant. Scott R. Shimkus , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

READLER, J., delivered the opinion of the court in which MURPHY, J., joined in full, and GIBBONS, J., joined in the judgment. GIBBONS, J. (pgs. 397-98), delivered a separate opinion concurring in the judgment.

OPINION

Andrew Johnson, a Michigan prisoner, filed a petition for a writ of habeas corpus in federal district court. In his petition, Johnson alleged that his plea and sentencing proceedings in state trial court violated the federal Constitution. Pending before that same state trial court, however, is a...

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