Demetrius Foster v. Hugh Wolfenbarger
Filing
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.
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
www.ca6.uscourts.gov
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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