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COE v. BELL

Nos. 97-5148, 97-5503.

161 F.3d 320 (1998)

Robert Glen COE, Petitioner-Appellee/Cross-Appellant, v. Ricky BELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1998.

Attorney(s) appearing for the Case

Gordon W. Smith, Asst. Attorney General (argued and briefed), John Knox Walkup, Attorney General, and Glenn R. Pruden (briefed), John H. Baker, III (briefed), Michael E. Moore (briefed), Office of the Attorney General, Criminal Justice Division, Nashville, Tennessee, for Respondent-Appellant/Cross-Appellee.

James H. Walker, Waller, Lansden, Dortch & Davis, Nashville, TN, Henry A. Martin, Fed. Public Defender (argued and briefed), Paul R. Bottei (briefed), Federal Public Defender's Office, Nashville, Tennessee, for Petitioner-Appellee/Cross-Appellant.

Before: BOGGS, NORRIS, and MOORE, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. MOORE, J. (pp. 356-357), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Ricky Bell, a warden for the State of Tennessee, appeals from the district court's grant to Robert Coe of a writ of habeas corpus, which vacated his murder conviction and death sentence. Coe cross-appeals from the district court's denial of habeas corpus on several other...

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