Stumpf v. Mitchell, No. 01-3613 (6th Cir.) (367 F.3d 594) (April 28, 2004) (Judge Martha Craig Daughtrey)
Here, disagreeing with a recent decision from the Ninth Circuit, a divided panel from the Sixth Circuit held that the prosecution’s use of two conflicting theories concerning the identity of a shooter to convict both violated the Due Process Clause.
In Shaw v. Terhune, 353 F.3d 697 (9th Cir. 2003), ...
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