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BLACKMON v. BOOKER

No. 11-1038.

696 F.3d 536 (2012)

Roy BLACKMON, Petitioner-Appellee, v. Raymond BOOKER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 9, 2012.

Attorney(s) appearing for the Case

ARGUED: Bruce H. Edwards , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: Laura Moody , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall , Federal Defender Office, Detroit, Michigan, for Appellee.

Before: MARTIN, SUTTON and BALDOCK, Circuit Judges.

OPINION

BALDOCK, Circuit Judge.

A 1998 neighborhood shooting in Detroit, Michigan resulted in the death of an eighteen year old male bystander, Kenneth Tinsley, and injury to two other bystanders, a twenty-one year old male, Michael Hearn, and a nine year old female, Tiffany Smith. A year later, a Michigan state court jury found then twenty-two year old Petitioner Roy Blackmon responsible and convicted him of second-degree murder, using a firearm during...

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