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BALLINGER v. PRELESNIK

Case No. 2:09-CV-13886.

844 F.Supp.2d 857 (2012)

Dwayne BALLINGER, Jr., Petitioner, v. John PRELESNIK, Respondent.

United States District Court, E.D. Michigan, Southern Division.

February 23, 2012.

Attorney(s) appearing for the Case

Sanford A. Schulman , Detroit, MI, for Petitioner.

Mark G. Sands , Michigan Attorney General, Lansing, MI, for Respondent.

OPINION AND ORDER CONDITIONALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS

ARTHUR J. TARNOW, Senior District Judge.

Petitioner, Dwayne Ballinger, Jr., filed this action under 28 U.S.C. § 2254. He was convicted after a jury trial in the Wayne Circuit Court of first-degree murder, MICH. COMP. LAWS 750.316, and felony-firearm. MICH. COMP. LAWS 750.227b. The state trial court sentenced Petitioner to life imprisonment with no possibility of parole...

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