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MOSS v. MINIARD

No. 21-1655.

62 F.4th 1002 (2023)

Steven Lee MOSS, Petitioner-Appellee, v. Gary MINIARD, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Scott R. Shimkus , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Esthena Barlow , GEORGETOWN UNIVERSITY, Washington, D.C., for Appellee. ON BRIEF: Scott R. Shimkus , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Hannah Mullen , Brian Wolfman , Madeline Meth , Radiance Campbell , Caleb Thompson , Lois Zhang , GEORGETOWN UNIVERSITY, Washington, D.C., for Appellee.

GIBBONS, J., delivered the opinion of the court in which BUSH, J., joined. COLE, J. (pp. 1014-28), delivered a separate dissenting opinion.

OPINION

The Warden appeals the district court's grant of petitioner Steven Moss's habeas petition based on ineffective assistance of counsel analyzed under United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). The Warden argues that the district...

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