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04-289 - Avery #316841 v. Prelesnik


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04-289 - Avery #316841 v. Prelesnik
August 20, 2007
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REPORT AND RECOMMENDATION that the petition for writ of habeas corpus be granted, and that the State of Michigan either release Petitioner from custody or afford him a new trial within 120 days; objections to R&R due within 10 days; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
November 8, 2007
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OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)
November 8, 2007
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WRIT OF HABEAS CORPUS denying 38 respondent's objections, denying 39 petitioner's objections, ADOPTING REPORT AND RECOMMENDATION 37; granting 1 Petition for Writ of Habeas Corpus; Respondent shall either release Petitioner from custody or afford him a new trial within 120 days; denying a certificate of appealability as to Petitioner's failure to object to hearsay evidence claim; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)
January 7, 2008
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OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)