David Ayers v. Stuart Hudson

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OPINION and JUDGMENT filed: REVERSED in part, GRANTED in part, case is REMANDED, decision for publication pursuant to local rule 206. Richard Allen Griffin (AUTHORING), Helene N. White, Circuit Judges; Stephen J. Murphy, III, U.S. District Judge for the Eastern District of Michigan.

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Case: 08-3310 Document: 006110750535 Filed: 10/05/2010 Page: 1 UNITED STATES COURT OF APPEALS F O R THE SIXTH CIRCUIT N o . 08-3310 D A V ID AYERS, P etitioner - Appellant, v. ST U A R T HUDSON, Warden, R esp on d en t - Appellee. FILED Oct 05, 2010 LEONARD GREEN, Clerk Before: GRIFFIN and WHITE, Circuit Judges; MURPHY, District Judge. JUDGMENT O n Appeal from the United States District Court fo r the Northern District of Ohio at Cleveland. T H IS CAUSE was heard on the record from the district court and was argued by c o u n se l. IN CONSIDERATION WHEREOF, it is ORDERED that the district court's denial of petitioner David Ayers' petition for a writ of habeas corpus under 28 U.S.C. 2254 is R E V E R S E D . IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is conditiona lly GRANTED and the case is REMANDED for further proceedings consistent w ith the opinion of this court. E N T E R E D BY ORDER OF THE COURT L eo n ard Green, Clerk

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