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NEWTON v. MILLION

No. 01-6116.

349 F.3d 873 (2003)

Billy Dewayne NEWTON, Petitioner-Appellee, v. George R. MILLION, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2003.

Petition for Rehearing Denied: February 25, 2004.

Attorney(s) appearing for the Case

ARGUED: Dennis W. Shepherd, Office of the Attorney General, Frankfort, Kentucky, for Appellant.

David J. Guarnieri, Johnson, Judy, True & Guarnieri, Frankfort, Kentucky, for Appellee.

ON BRIEF: Courtney Jones Hightower, Office of the Attorney General, Frankfort, Kentucky, for Appellant.

David J. Guarnieri, Johnson, Judy, True & Guarnieri, Frankfort, Kentucky, for Appellee.

Before: KRUPANSKY, SILER, and COLE, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

Petition for Rehearing Denied En Banc: February 25, 2004.

SILER, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. COLE, J. (pp. 879-81), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

The Commonwealth of Kentucky, on behalf of the warden, appeals the district court's decision to grant a conditional writ of habeas corpus to Billy Dewayne Newton. Newton...

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