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Eddleman v. McKee, No. 08-1093

District court's orders releasing defendant from prison and barring his reprosecution on the ground that the State took too long to conduct a second trial are reversed and remanded with instructions to dismiss the petition for lack of jurisdiction as no federal power authorized the district court to release the defendant from pretrial detention on a legitimate state charge, or to bar his reprosecution.      

Read Eddleman v. McKee, No. 08-1093

Appellate Information

Argued: June 10, 2009

Decided and Filed: November 12, 2009


Opinion by Circuit Judge Kethledge


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

For Appellee:  Andrew N. Wise, Federal Defender Office, Detroit, Michigan