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ABDUR'RAHMAN v. BELL

Nos. 98-6568, 98-6569.

226 F.3d 696 (2000)

Abu-Ali ABDUR'RAHMAN, Petitioner-Appellee/Cross-Appellant, v. Ricky BELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2000.

Attorney(s) appearing for the Case

Bradley A. MacLean (argued and briefed), Farris, Warfield & Kanaday, Nashville, TN, Brian K. Frazier (briefed), Neal & Harwell, Nashville, TN, William P. Redick, Jr. (argued and briefed), White Creeks, TN, for Petitioner-Appellee Cross-Appellant.

Gordon W. Smith, Asst. Attorney Gen. (argued and briefed), Glenn R. Pruden, Associate Solicitor General, Office of the Attorney General, Criminal Justice Division, Nashville, TN, for Respondent-Appellant Cross-Appellee.

Before: SILER, BATCHELDER, and COLE, Circuit Judges.

SILER, J., delivered the opinion of the court. BATCHELDER, J. (pp. 715-19), delivered a separate concurring opinion. COLE, J. (pp. 719-24), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SILER, Circuit Judge.

Respondent, Ricky Bell, Warden ("State"), appeals the issuance of a writ of habeas corpus to Petitioner, Abu-Ali Abdur'Rahman ("Petitioner"),1 vacating Petitioner's sentence of death...

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