Page:United States Reports 546.pdf/291

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546US1

80

Unit: $$U9

[08-22-08 14:08:29] PAGES PGT: OPIN

BRADSHAW v. RICHEY Per Curiam

Sixth Circuit’s reliance on evidence not presented in state court by failing to raise this argument properly before the Sixth Circuit. See Brief in Opposition 24–26. Because the relevant errors had not yet occurred, the Sixth Circuit has had no opportunity to address the argument that the State failed to preserve its Holland argument. It is better situ­ ated to address this argument in the first instance.

For the foregoing reasons, the judgment of the Sixth Cir­ cuit is vacated, and the case is remanded for further proceed­ ings consistent with this opinion. It is so ordered.