Kevin Moore v. Thomas Bell


OPINION and JUDGMENT filed: The judgment of the district court is REVERSED, and Moore's petition for a writ of habeas corpus is GRANTED. It is further ORDERED that Moore be released from custody unless Michigan commences a new trial within 180 days of the filing dates of this judgment. Decision for publication. Damon J. Keith, Boyce F. Martin , Jr. (AUTHORING), and Danny J. Boggs (DISSENTING), Circuit Judges.

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Case: 09-2011 Document: 006111516077 Filed: 11/30/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: November 30, 2012 Mr. David Allen Castleman Ms. Kathleen Michelle Cochrane Sullivan & Cromwell 125 Broad Street New York, NY 10004 Ms. Laura A. Cook Office of the Michigan Attorney General Appellate Division P.O. Box 30217 Lansing, MI 48909 Re: Case No. 09-2011, Kevin Moore v. Mary Berghuis Originating Case No. : 2:07-cv-14564 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures No mandate to issue.

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