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McQUEEN v. SCROGGY

Nos. 93-5854, 94-6116.

99 F.3d 1302 (1996)

Harold McQUEEN, Jr., Petitioner-Appellant, v. Gene SCROGGY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1996.

Rehearing and Suggestion for Rehearing Denied December 30, 1996.

Attorney(s) appearing for the Case

Melissa D. Bellow, Asst. Public Advocate (briefed), Northpoint Training Center, Dept. of Public Advocacy, Burgin, KY, Randall L. Wheeler (argued and briefed), Kentucky Capital Litigation Resource Center, Frankfort, KY, for Petitioner-Appellant.

Elizabeth A. Myerscough, Asst. Attorney Gen., David A. Smith Asst. Attorney Gen. (argued and briefed), Office of the Attorney General, Frankfort, KY, for Respondent-Appellee.

Before: KEITH, KENNEDY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 30, 1996.*

BOGGS, J., delivered the opinion of the court, in which KENNEDY, J., joined. KEITH, J. (pp. 1336-40), delivered a separate opinion concurring in part and dissenting in part.

BOGGS, Circuit Judge.

Harold McQueen appeals from the district court's denial of his petition for a writ of habeas corpus (No. 93-5854) and from the district court's denial of...

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