MILLER v. WEBB

No. 02-5907.

385 F.3d 666 (2004)

Kenny Roy MILLER, Petitioner-Appellant, v. Patti WEBB, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 22, 2004.


Attorney(s) appearing for the Case

Kenny Roy Miller (briefed), Green River Correctional Complex, Central City, KY, Petitioner-Appellant.

Courtney J. Hightower, Office of the Attorney General, Frankfort, KY, for Respondent-Appellee.

Before: KEITH, CLAY, and GIBBONS, Circuit Judges.


KEITH, J., delivered the opinion of the ourt, in which Clay, J., joined. GIBBONS, J. (pp. 678-83), delivered a separate dissenting opinion.

OPINION

KEITH, Circuit Judge.

Petitioner-Appellant Kenny Roy Miller ("Miller") is currently serving a life sentence after a state conviction for intentional murder, criminal attempt to commit murder, first-degree burglary, and being a first-degree persistent felony offender. Miller appeals from the district court...

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