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.