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SIMPSON v. SPARKMAN

No. 95-6134.

94 F.3d 199 (1996)

Garcia H. SIMPSON, Petitioner-Appellee, v. Emitt L. SPARKMAN, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1996.

Attorney(s) appearing for the Case

Michael L. Harned, Asst. Attorney General (briefed), Frankfort, KY, for Respondent-Appellant.

John K. West (briefed), McCoy, Baker & West, Lexington, KY, Garcia Simpson, St. Mary, KY, for Petitioner-Appellee.

Before: KENNEDY, WELLFORD, and SILER, Circuit Judges;

KENNEDY, Circuit Judge.

This appeal challenges a District Court order granting petitioner Garcia Simpson a writ of habeas corpus. Appellant argues that the District Court erroneously disregarded petitioner's procedural default of his due process claim when it granted the writ. For the following reasons, we REVERSE.

I. Facts

On March 28, 1991, a Kentucky jury convicted petitioner of one...

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