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United States Sixth Circuit


Ferensic v. Birkett, 06-2342

A conditional grant of habeas relief from a conviction armed robbery, home invasion, and possession of a firearm during the commission of a felony is affirmed where: 1) petitioner was denied his Sixth Amendment right to present a defense by the trial court's exclusion of certain individuals as defense witnesses, and a state court's contrary determination was unreasonable; and 2) the state trial court's constitutional error was not harmless.

Appellate Information

  • Decided 09/04/2007
  • Published 09/04/2007

Judges

  • Before:  CLAY, GILMAN, and McKEAGUE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant.  Domnick J. Sorise, Detroit, Michigan, for Appellee.   ON BRIEF:  Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant.  Domnick J. Sorise, Detroit, Michigan, for Appellee.
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