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Desai v. Booker

United States Court of Appeals, Sixth Circuit

October 9, 2013

Jasubhai K. DESAI, Petitioner-Appellee,
v.
Raymond BOOKER, Respondent-Appellant.

Argued: Oct. 2, 2013.

Rehearing and Rehearing En Banc Denied Nov. 13, 2013.

Page 629

ARGUED:

Laura Graves Moody, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.

Matthew F. Leitman, Miller, Canfield, Paddock And Stone, P.L.C., Troy, Michigan, for Appellee.

ON BRIEF:

B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.

Matthew F. Leitman, Miller, Canfield, Paddock And Stone, P.L.C., Troy, Michigan, for Appellee.

Timothy P. O'Toole, Michael N. Khalil, Miller & Chevalier Chartered, Washington, D.C., for Amicus Curiae.

Before: SUTTON and COOK, Circuit Judges; ROSE, District Judge. [*]

OPINION

SUTTON, Circuit Judge.

In 2001, a Michigan jury found Jasubhai Desai guilty of first-degree murder, and a Michigan trial court imposed a life sentence. The Michigan state courts affirmed the conviction. A federal district court granted Desai's habeas petition on the ground that the admission of his co-defendant's non-testimonial statement against interest violated the Due Process Clause of the Fourteenth Amendment. Because ...


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