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BROWN v. O'DEA

Nos. 97-6335, 97-6425.

227 F.3d 642 (2000)

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 and Filed: September 22, 2000

Attorney(s) appearing for the Case

Gail Robinson (argued and briefed), Kevin M. McNally (briefed), McNally & O'Donnell, Frankfort, Kentucky, for Appellant.

Todd D. Ferguson (argued and briefed), Office of the Attorney General, Criminal Appellate Division, Frankfort, Kentucky, for Appellee.

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

OPINION

DUGGAN, District Judge.

This case is before us on remand from the United States Supreme Court for further consideration in light of Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). In Brown v. O'Dea, 187 F.3d 572 (6th Cir.1999), we reversed the decision of the district court insofar as it concluded...

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