Frank Nali v. Thomas Phillips
|Petitioner - Appellee Cross-Appellant:
|Respondent - Appellant Cross-Appellee:
||THOMAS PHILLIPS, Warden
||July 7, 2009
||U.S. Court of Appeals, Sixth Circuit
|Nature of Suit:
||Prisoner: Habeas Corpus
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|June 6, 2012
OPINION and JUDGMENT filed; The district court's order unconditionally granting Nali's petition for a writ of habeas corpus is REVERSED. The district court's order vacating and setting aside Nali's conviction for extortion and its order directing Warden Thomas Phillps to release Nali from custody are REVERSED. The district court's denial of habeas corpus relief on Nali's ineffective assistance-of-counsel claim is AFFIRMED. The case is REMANDED to the district court for an entry of an order in compliance with this decision. Decision for publication pursuant to local rule 206. Karen Nelson Moore and Julia Smith Gibbons, Circuit Judge; Arthur L. Alarcon, Senior Circuit Judge of the Ninth Circuit Court of Appeals, sitting by designation. [09-1876, 09-1960]
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