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O'GUINN v. DUTTON

Nos. 93-5578, 93-5620.

88 F.3d 1409 (1996)

Kenneth Wayne O'GUINN, Petitioner-Appellee, Cross-Appellant, v. Michael DUTTON, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Paul R. Bottei, Christopher M. Minton (briefed), Lassiter, Tidwell & Hildebrand, Michael J. Passino (argued), Passino & Minton, Nashville, TN, for Petitioner-Appellee, Cross-Appellant.

Kathy Morante, Asst. Atty. Gen. (argued and briefed), Charles W. Burson, Atty. Gen., Glenn R. Pruden, Office of the Atty. Gen., Criminal Justice Div., Nashville, TN, for Respondent-Appellant, Cross-Appellee.

Before: MERRITT, Chief Judge; KENNEDY, MARTIN, JONES, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and MOORE, Circuit Judges.

The court delivered a PER CURIAM opinion, in which MERRITT, C. J., MARTIN, JONES, MILBURN, NELSON, RYAN, and MOORE, JJ., joined. MERRITT, C.J. (pp. 1413-1430), delivered a separate concurring opinion, in which JONES, J., joined. BOGGS, J. (pp. 1430-1432), delivered a separate dissenting opinion, in which SILER and BATCHELDER, JJ., joined, with BATCHELDER, J. (pp. 1432-1464), also delivering a separate dissenting opinion, in which KENNEDY, BOGGS, NORRIS, SUHRHEINRICH, and...

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