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United States Sixth Circuit


Gagne v. Booker, 07-1970

District court's grant of defendant's petition for a writ of habeas corpus in a conviction for criminal sexual misconduct is affirmed as the Michigan Court of Appeals' exclusion of certain evidence of victim's sexual conduct deprived defendant of his constitutional right to a meaningful opportunity to present a complete defense as articulated by the Supreme Court in Crane.

Appellate Information

  • Argued 06/09/2009
  • Decided 05/25/2010
  • Published 05/25/2010

Judges

  • Before BATCHELDER, Chief Judge; NORRIS and KETHLEDGE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Janet A. Van Cleve, Michigan Attorney General's Office, Lansing, Michigan, for Appellant. Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF:William C. Campbell, Michigan Attorney General's Office, Lansing, Michigan, for Appellant. Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee. Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Amici Curiae. Lewis Gagne, Detroit, Michigan, pro se.
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