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STEWART v. WOLFENBARGER

No. 08-2154.

595 F.3d 647 (2010)

Artemia STEWART, Petitioner-Appellee, v. Hugh WOLFENBARGER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 19, 2010.

Attorney(s) appearing for the Case

ARGUED: Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. William J. Hubbard, Thompson Hine LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. William J. Hubbard, Frank R. DeSantis, Thompson Hine LLP, Cleveland, Ohio, for Appellee.

Before: GILMAN and GIBBONS, Circuit Judges; ANDERSON, District Judge.

OPINION

S. THOMAS ANDERSON, District Judge.

Artemia Stewart was convicted of second-degree murder, armed robbery, and felony firearm. Stewart was sentenced to concurrent terms of 39 to 60 years imprisonment on the murder and robbery convictions and two years on the firearm charge. After the Michigan appellate courts denied Stewart all post-conviction relief, Stewart filed a petition for federal habeas corpus relief. Holding that there was insufficient evidence...

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