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CONE v. BELL

No. 99-5279.

359 F.3d 785 (2004)

Gary Bradford CONE, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2004.

Petition for Rehearing Denied June 22, 2004.

Attorney(s) appearing for the Case

ARGUED: Paul R. Bottei, FEDERAL PUBLIC DEFENDER'S OFFICE, Nashville, Tennessee, for Appellant.

Jennifer L. Smith, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

ON BRIEF: Paul R. Bottei, FEDERAL PUBLIC DEFENDER'S OFFICE, Nashville, Tennessee, Robert L. Hutton, GLANKLER BROWN, Memphis, Tennessee, for Appellant.

Jennifer L. Smith, Tonya G. Miner, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

Before MERRITT, RYAN, and NORRIS, Circuit Judges.

Petition for Rehearing Denied En Banc: June 22, 2004.

Pursuant to Sixth Circuit Rule 206.

OPINION

RYAN, Circuit Judge, delivered the opinion of the court. MERRITT, J. (pp. 25-36), delivered a separate concurring opinion. NORRIS, J. (pp. 37-38), delivered a separate dissenting opinion.

Gary Bradford Cone was sentenced to death in a Tennessee state court for a double murder of an elderly couple and his conviction and death sentence were affirmed...

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