THOMAS v. WESTBROOKS

No. 15-5399.

849 F.3d 659 (2017)

Andrew Lee THOMAS, Jr., Petitioner-Appellant, v. Bruce WESTBROOKS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2017.


Attorney(s) appearing for the Case

ARGUED: Robert L. Hutton , GLANKLER BROWN, PLLC, Memphis, Tennessee, for Appellant. Michael M. Stahl , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON BRIEF: Robert L. Hutton , GLANKLER BROWN, PLLC, Memphis, Tennessee, Kevin Wallace , Elizabeth Cate , Mollie Richardson , WINSTON & STRAWN LLP, New York, New York, for Appellant. Michael M. Stahl , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. Mark A. Fulks , BAKER DONELSON BEARMAN CALDWELL & BERKOWTIZ, P.C., Johnson City, Tennessee, for Amicus Curiae.

MERRITT, J., delivered the opinion of the court in which DONALD, J., joined. SILER, J. (pp. 668-69), delivered a separate dissenting opinion.


OPINION

In this Tennessee death penalty case, Petitioner Andrew Lee Thomas, Jr., appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254.1 Thomas's primary claim on appeal is that the State violated...

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