Demetrius Foster v. Hugh Wolfenbarger


OPINION and JUDGMENT filed: The district court's determination that Foster's trial counsel was deficient for failing to raise an alibi defense is AFFIRMED. The district court's conclusion that such deficiency did not prejudice Foster is REVERSED. A conditional writ of habeas corpus, giving the State of Michigan 180 days to retry Foster or, failing that, to release him from custody, is GRANTED. Decision for publication pursuant to local rule 206. R. Guy Cole, Jr. (AUTHORING) and Jane Branstetter Stranch, Circuit Judges; James G. Carr, Senior U.S. District Judge for the Northern District of Ohio, sitting by designation.

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Case: 10-2023 Document: 006111375838 Filed: 07/20/2012 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 Leonard Green Clerk Tel. (513) 564-7000 Filed: July 20, 2012 Mr. Phillip D. Comorski 535 Griswold Street Suite 2632 Buhl Building Detroit, MI 48226 Ms. Laura A. Cook Ms. Laura Graves Moody Office of the Michigan Attorney General Appellate Division P.O. Box 30217 Lansing, MI 48909 Ms. Chari Grove State Appellate Defender Office 645 Griswold, Suite 3300 Detroit, MI 48226 Re: Case No. 10-2023, Demetrius Foster v. Hugh Wolfenbarger Originating Case No. 04-73794 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, Leonard Green, Clerk Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures Mandate to issue.

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