HOUSE v. BELL

No. 00-6136.

311 F.3d 767 (2002)

Paul Gregory HOUSE, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 22, 2002.


Attorney(s) appearing for the Case

Stephen M. Kissinger (argued and briefed), Federal Defender Services, Knoxville, TN, for Petitioner-Appellant.

Alice B. Lustre, Jennifer L. Smith (argued and briefed), Office of the Attorney General, Nashville, TN, Michael E. Moore (briefed), Solicitor General, Paul G. Summers (briefed), Attorney General, Tennessee Attorney General's Office, Civil Litigation & State Services Div., Nashville, TN, for Respondent-Appellee.

Before: MARTIN, Chief Circuit Judge; MERRITT, BOGGS, NORRIS, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.


MERRITT, J., delivered the opinion of the court, in which BOYCE F. MARTIN, JR., C.J., DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined. BOGGS, J. (pp. 779-787), delivered a separate dissenting opinion, in which ALAN E. NORRIS, SILER, and BATCHELDER, JJ., joined. GILMAN, J. (p. 787-780), also delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this death penalty case from Tennessee, the habeas petitioner presents a strong claim...

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