RICKMAN v. BELL

Nos. 94-5721, 94-6232 and 94-6538.

131 F.3d 1150 (1997)

Ronald Eugene RICKMAN, Petitioner-Appellee/Cross-Appellant, v. Ricky BELL, Warden, Respondent-Appellant/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 2, 1997.


Attorney(s) appearing for the Case

Kathy Morante, Asst. Attorney Gen. (argued and briefed), C. Mark Fowler, Asst. Attorney Gen., Glenn R. Pruden (briefed), Brent Horst, Office of the Attorney General, Criminal Justice Division, Nashville, TN, for Respondent-Appellant/Cross-Appellee in No. 94-5721.

Gordon W. Smith, Asst. Attorney Gen. (briefed), Kathy Morante, Asst. Attorney Gen. (argued), Glenn R. Pruden (briefed), Charles W. Burson, Attorney General, Office of the Attorney General, Criminal Justice Division, Nashville, TN, for Respondent-Appellant/Cross-Appellee in No. 94-6232.

Gordon W. Smith, Asst. Attorney Gen. (briefed), Glenn R. Pruden (briefed), Kathy M. Principe (argued and briefed), Office of the Attorney General, Criminal Justice Division, Nashville, TN, for Respondent-Appellant/Cross-Appellee in No. 94-6538.

Henry A. Martin, Fed. Public Defender (briefed), Paul R. Bottei (argued and briefed), Federal Public Defender's Office, Nashville, TN, William P. Redick, Jr. (briefed), Whites Creek, TN, for Petitioner-Appellee/Cross-Appellant.

Before: KEITH, RYAN, and SUHRHEINRICH, Circuit Judges.


RYAN, J., delivered the opinion of the court, in which KEITH, J., joined. SUHRHEINRICH, J. (pp. 1160-1167), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

Ricky Bell, the warden of the Tennessee Riverbend Maximum Security Institution and the respondent in this proceeding, appeals from the district court's judgment granting a writ of habeas corpus to petitioner Ronald Eugene...

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