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HEWITT-EL v. BURGESS

No. 22-1188.

53 F.4th 969 (2022)

Jonathan David HEWITT-EL, Petitioner-Appellee, v. Michael BURGESS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2022.

Attorney(s) appearing for the Case

ARGUED: Scott R. Shimkus, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Matthew A. Monahan, STATE APPELLATE DEFENDER OFFICE, Detroit, Michigan, for Appellee. ON BRIEF: Scott R. Shimkus, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Matthew A. Monahan, Katherine L. Marcuz, STATE APPELLATE DEFENDER OFFICE, Detroit, Michigan, for Appellee.

Before: SUTTON, Chief Judge; BOGGS and KETHLEDGE, Circuit Judges.

OPINION

To recite the facts of this case is nearly to decide it. Here, the State of Michigan convicted Jonathan Hewittel of armed robbery and related offenses based solely on the testimony of the victim, James Lemon. Three witnesses—one of them simply a conscientious citizen with little relationship with...

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