Demetrius Foster v. Hugh Wolfenbarger

Demetrius Foster v. Hugh Wolfenbarger

Petitioner - Appellant:	DEMETRIUS FOSTER
Respondent - Appellee:	HUGH WOLFENBARGER, Warden
Case Number:	10-2023
Filed:	August 9, 2010
Court:	U.S. Court of Appeals, Sixth Circuit
Nature of Suit:	Prisoner: Habeas Corpus

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We have the following opinions for this case:

Date Filed	Description
July 20, 2012	Foster v. Wolfenbarger

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Date Filed	Document Text
July 20, 2012	Filing 6111375838 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.

Date Filed

Document Text

July 20, 2012

Filing 6111375838 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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Petitioner - appellant: DEMETRIUS FOSTER
Represented By:	Chari Grove
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Respondent - appellee: HUGH WOLFENBARGER, Warden
Represented By:	Laura A. Cook
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