GWIN, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 486-88), delivered a separate dissenting opinion. OPINION GWIN, District Judge. With this case we decide whether Petitioner-Appellant Frank Howard (“Howard”) was denied his constitutional right to due process when a Michigan court permitted three eyewitnesses to identify Howard as the killer of…
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