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BROWN v. O'DEA

Nos. 97-6355, 97-6425.

187 F.3d 572 (1999)

James H. BROWN, III, Petitioner-Appellant/Cross-Appellee, v. Michael O'DEA, Warden, Eastern Kentucky Correctional Complex, Respondent-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 5, 1999.

Attorney(s) appearing for the Case

Gail Robinson (argued and briefed), Kevin M. McNally (briefed), McNally & Robinson, Frankfort, KY, for Petitioner-Appellant/Cross-Appellee.

Todd D. Ferguson (argued and briefed), Office of the Attorney General, Criminal Appellate Division, Frankfort, KY, for Respondent-Appellee/Cross-Appellant.

Before: MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.

DUGGAN, D. J., delivered the opinion of the court. MERRITT (pp. 580-83), and MOORE (pp. 583-87), JJ., delivered separate concurring opinions.

DUGGAN, District Judge.

This matter is before the Court on petitioner's appeal from the district court's dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Petitioner is currently incarcerated at the Eastern Kentucky Correctional Complex.

Petitioner filed a § 2254 petition for writ...

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