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CALDWELL v. BELL

No. 00-5310.

288 F.3d 838 (2002)

Richard CALDWELL, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 30, 2002.

Attorney(s) appearing for the Case

David C. Stebbins (briefed), Columbus, OH, Paul R. Bottei (argued and briefed), Federal Public Defender's Office, Nashville, TN, for Petitioner-Appellant.

Alice B. Lustre, Glenn R. Pruden (argued and briefed), Office of the Attorney General, Nashville, TN, Michael E. Moore, Solicitor (briefed), Tennessee Attorney General's Office, Civil Litigation & State Services Div., Nashville, TN, for Respondent-Appellee.

Before MERRITT, NORRIS, and CLAY, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which CLAY, J., joined. NORRIS, J. (pp. 845-846), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This is another Tennessee death penalty case from the 1980's in which the State concedes constitutional error but argues that the error was harmless and that the execution should go forward. At petitioner Richard Caldwell's state trial, the jury was given an instruction to presume...

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