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HOUSTON v. DUTTON

No. 94-6064.

50 F.3d 381 (1995)

Richard HOUSTON, Petitioner-Appellee, v. Michael DUTTON, Warden, Tennessee State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1995.

Attorney(s) appearing for the Case

Henry A. Martin, Fed. Public Defender, Federal Public Defender's Office, Nashville, TN, James S. Liebman (argued and briefed), Columbia University School of Law, New York City, and Mark E. Olive, Tallahassee, FL, for petitioner-appellee.

Gordon W. Smith (briefed), Kathy Morante, Asst. Attys. Gen., Charles W. Burson, Atty. Gen., Glenn R. Pruden, Michael Moore (argued and briefed), and Brent Horst (briefed), Office of the Atty. Gen., Nashville, TN, for respondent-appellant.

Before: MERRITT, Chief Judge; GUY and RYAN, Circuit Judges.

MERRITT, Chief Judge.

In this Tennessee death penalty case, the District Court issued a writ of habeas corpus in favor of petitioner Houston, finding seven separate constitutional grounds for setting aside Houston's first degree murder conviction, death sentence, and armed robbery conviction. We uphold the writ on two of the grounds, disagree with the District Court on one of the grounds, pretermit the State's remaining four assignments of error, and reinstate the...

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