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MERCER v. STEWART

Case No. 16-cv-11331.

600 F.Supp.3d 725 (2022)

Barbara Jean MERCER, Petitioner, v. Anthony STEWART, Warden, Respondent.

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

Signed April 25, 2022.

Attorney(s) appearing for the Case

Federal Community Defender, Casey N. Swanson , Federal Community Defender of the Eastern District of Michigan, Detroit, MI, David A. Koelzer , Federal Defender Office, Flint, MI, for Petitioner.

Jerrold E. Schrotenboer , Jackson County Prosecutor's Office, Jackson, MI, John S. Pallas , Scott Robert Shimkus , Michigan Department of Attorney General, Criminal Appellate Division, Lansing, MI, for Respondent.

OPINION AND ORDER (1) DETERMINING THAT PETITIONER IS ENTITLED TO HABEAS RELIEF ON DUE PROCESS CLAIM RELATED TO THE DENIAL OF A DEFENSE OF OTHERS JURY INSTRUCTION; (2) ORDERING SUPPLEMENTAL BRIEFING ON THE FORM AND SCOPE OF HABEAS RELIEF ON DUE PROCESS CLAIM; (3) DENYING HABEAS RELIEF ON ALL OTHER CLAIMS; AND (4) GRANTING A LIMITED CERTIFICATE OF APPEALABILITY

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