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Wagner v. Smith, No. 07-2129

By FindLaw Staff on September 24, 2009 | Last updated on March 21, 2019

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


Opinion by Judge Kennedy


For Appellant:  Robert A. Amicone II, Squire, Sanders & Dempsey LLP, Cincinnati, Ohio

For Appellee:  Debra M. Gagliardi, Office of the Michigan Attorney General

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