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United States Sixth Circuit


Wagner v. Smith, 07-2129

In habeas proceedings arising from petitioner's murder conviction, district court's denial of relief is vacated and remanded as three of petitioner's claims have not been properly exhausted because the claims were not fairly presented to the state courts.

Appellate Information

  • Argued 07/31/2009
  • Decided 09/24/2009
  • Published 09/24/2009

Judges

  • Before BATCHELDER, Chief Judge; KENNEDY and McKEAGUE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Robert A. Amicone II, Squire, Sanders & Dempsey L.L.P., Cincinnati, Ohio, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF:Pierre H. Bergeron, Thomas D. Amrine, Colter L. Paulson, Squire, Sanders & Dempsey L.L.P., Cincinnati, Ohio, for Appellant. Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.
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