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JOHNSON v. BELL

No. 01-5451.

344 F.3d 567 (2003)

Donnie E. JOHNSON, Petitioner-Appellant, v. Ricky BELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 10, 2003.

Petition for Rehearing Denied: November 25, 2003.

Attorney(s) appearing for the Case

C. Mark Pickrell (argued and briefed), Nashville, Tennessee, for Appellant.

Alice B. Lustre (argued and briefed), Paul G. Summers, Michael E. Moore (briefed), Office of the Attorney General, Nashville, Tennessee, for Appellee.

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

Petition for Rehearing Denied En Banc: November 25, 2003.

Pursuant to Sixth Circuit Rule 206

ALAN E. NORRIS, J., delivered the opinion of the court, in which BOGGS, J., joined. CLAY, J. (pp. 575-78), delivered a separate dissenting opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

Donnie E. Johnson, a prisoner on death row in Tennessee, appeals from the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. The sole...

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