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BOYLE v. MILLION

No. 98-6485.

201 F.3d 711 (2000)

Cornelius D. BOYLE, Petitioner-Appellee, v. George MILLION, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2000.

Rehearing and Suggestion for Rehearing Denied March 13, 2000.

Attorney(s) appearing for the Case

Samuel J. Floyd, Jr., Assistant Attorney General (briefed), Frankfort, Kentucky, for Respondent-Appellant.

Timothy K. Newcomb (briefed), Grant & Newcomb, Laramie, Wyoming, Maynard D. Grant (briefed), Grant & Newcomb, Seattle, Washington, J. Fox DeMoisey (briefed), DeMoisey & Smither, Louisville, Kentucky, for Petitioner-Appellee.

Before: BOGGS and DAUGHTREY, Circuit Judges; DONALD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 13, 2000.

OPINION

DAUGHTREY, Circuit Judge.

Respondent George Million, the warden at Eastern Kentucky Correctional Center, appeals the decision of the district court granting the petitioner, Cornelius Boyle, a conditional writ of habeas corpus based upon prosecutorial misconduct that occurred during Boyle's criminal trial. Before us, Million contends...

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