In habeas proceedings arising from petitioner's murder conviction, district court's denial of relief is vacated and remanded as three of petitioner's claims have not been properly exhausted because the claims were not fairly presented to the state courts.
Read Wagner v. Smith, No. 07-2129
Appellate Information
Argued: July 31, 2009
Decided and Filed: September 24, 2009
Judges
Opinion by Judge Kennedy
Counsel
For Appellant: Robert A. Amicone II, Squire, Sanders & Dempsey LLP, Cincinnati, Ohio
For Appellee: Debra M. Gagliardi, Office of the Michigan Attorney General
