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Guilmette v. Howes, 08-2256

By FindLaw Staff on October 21, 2010 | Last updated on March 21, 2019

Conditional grant of writ of habeas corpus for home invasion conviction affirmed

Guilmette v. Howes, 08-2256, concerned a challenge to the district court's grant of defendant's request for a conditional writ of habeas corpus from his conviction for first-degree home invasion.  In affirming, the court held that, because the state supreme court's order was unexplained and the last reasoned state court decision was on the merits, the state courts never enforced a procedural bar to defendant's claim of ineffective assistance of counsel.

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