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WEST v. SEABOLD

No. 95-5148.

73 F.3d 81 (1996)

Charles Howard WEST, Petitioner-Appellee, v. William SEABOLD, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1996.

Rehearing and Suggestion for Rehearing Denied February 22, 1996.

Attorney(s) appearing for the Case

C. Fred Partin (argued and briefed), Louisville, KY, for Charles Howard West.

Joseph R. Johnson, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen., Frankfort, KY, for William Seabold.

Before: MERRITT, Chief Judge; RYAN, Circuit Judge; CLELAND, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 22, 1996.

RYAN, J., delivered the opinion of the court, in which CLELAND, D.J., joined. MERRITT, C.J. (pp. 85-87), delivered a separate concurring opinion.

RYAN, Circuit Judge.

Respondent, William Seabold, appeals a judgment granting Charles Howard West's petition for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse.

I.

The petitioner, Charles Howard...

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