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United States Sixth Circuit


Simmons v. Kapture, 03-2609

The rule of criminal procedure involving recently articulated by the Supreme Court in Halbert v. Michigan, 545 U.S. 605 (2005), does not apply retroactively to cases on collateral habeas corpus review.

Appellate Information

  • Decided 02/15/2008
  • Published 02/15/2008

Judges

  • Before: BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  E. Michael Rossman, Jones Day, Columbus, Ohio, for Appellant.  Eric Restuccia, Assistant Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  E. Michael Rossman, Jones Day, Columbus, Ohio, for Appellant.  Eric Restuccia, Assistant Attorney General, Lansing, Michigan, for Appellee.
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