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CORRIDORE v. WASHINGTON

No. 22-1301.

71 F.4th 491 (2023)

Frank CORRIDORE, Petitioner-Appellant, v. Heidi E. WASHINGTON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2023.

Attorney(s) appearing for the Case

ARGUED: Rohit Rajan , AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Grand Rapids, Michigan, for Appellant. Eric R. Jenkins , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Rohit Rajan, Miriam J. Aukerman , AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Grand Rapids, Michigan, Daniel S. Korobkin , AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, Yazmine Nichols , Allison Frankel , Trisha Trigilio , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellant. Eric R. Jenkins, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. Devi M. Rao , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Washington, D.C., Jonathan Manes , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Chicago, Illinois, for Amici Curiae.

NALBANDIAN, J., delivered the opinion of the court in which THAPAR, J., joined. MOORE, J. (pp. 501-11), delivered a separate dissenting opinion.

OPINION

A Michigan jury convicted Frank Corridore of second-degree sexual criminal conduct for sexually abusing his granddaughter. Corridore appealed his conviction in state court but to no avail. By the time he filed a habeas petition in federal district court, he had been released from prison and discharged...

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