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BAZE v. PARKER

No. 03-5112.

371 F.3d 310 (2004)

Ralph Stephens BAZE, Jr., Petitioner-Appellant, v. Philip PARKER, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2004.

Attorney(s) appearing for the Case

Timothy T. Riddell (argued and briefed), Milton Coburn Toby (briefed), Perch & Toby, Lexington, KY, for Petitioner-Appellant.

David A. Smith (argued and briefed), Asst. Atty. General, Brian T. Judy (briefed), Asst. Atty. General, Frankfort, KY, for Respondent-Appellee.

Before: BOGGS, Chief Judge; and COLE and COOK, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Petitioner Ralph Baze, Jr. was convicted of the 1992 murders of Sheriff Steven Bennett and Deputy Sheriff Arthur Briscoe, whom he shot in the back when they attempted to arrest him pursuant to an outstanding Ohio multiple-felony arrest warrant. The jury sentenced Baze to death. The Kentucky Supreme Court affirmed his conviction and sentence on direct appeal, and it denied relief in state post-conviction proceedings. Baze petitioned...

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