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CORRIDORE v. WASHINGTON

No. 22-1301.

71 F.4th 491 (2023)

Frank CORRIDORE, Petitioner-Appellant, v. Heidi E. WASHINGTON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2023.

Attorney(s) appearing for the Case

ARGUED: Rohit Rajan, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Grand Rapids, Michigan, for Appellant. Eric R. Jenkins, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: Rohit Rajan, Miriam J. Aukerman, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Grand Rapids, Michigan, Daniel S. Korobkin, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, Yazmine Nichols, Allison Frankel, Trisha Trigilio, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellant. Eric R. Jenkins, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. Devi M. Rao, RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Washington, D.C., Jonathan Manes, RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Chicago, Illinois, for Amici Curiae.

NALBANDIAN, J., delivered the opinion of the court in which THAPAR, J., joined. MOORE, J. (pp. 501-11), delivered a separate dissenting opinion.

OPINION

A Michigan jury convicted Frank Corridore of second-degree sexual criminal conduct for sexually abusing his granddaughter. Corridore appealed his conviction in state court but to no avail. By the time he filed a habeas petition in federal district court, he had been released from prison and discharged...

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