HENDERSON v. COLLINS

Nos. 99-4046, 99-4088.

262 F.3d 615 (2001)

Jerome HENDERSON, Petitioner-Appellee/Cross-Appellant, v. Terry L. COLLINS, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2001.


Attorney(s) appearing for the Case

ARGUED: Matthew C. Hellman, OFFICE OF THE ATTORNEY GENERAL, Columbus, Ohio, for Appellant.

Harry R. Reinhart, Columbus, Ohio, for Appellee.

ON BRIEF: Jonathan R. Fulkerson, Stuart A. Cole, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellant.

Harry R. Reinhart, David C. Stebbins, Columbus, Ohio, for Appellee.

Before: NORRIS, BATCHELDER, and CLAY, Circuit Judges.


Pursuant to Sixth Circuit Rule 206

NORRIS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. CLAY, J. (pp. 623-37), delivered a separate dissenting opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

In this capital case, the State of Ohio, representing Warden Terry Collins, appeals from an order of the district court conditionally granting Jerome Henderson's petition for a writ of habeas corpus as to his death sentence...

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