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HARRIES v. BELL

No. 02-6286, 02-6334.

417 F.3d 631 (2005)

Ronald R. HARRIES, Petitioner-Appellee/Cross-Appellant, v. Ricky BELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellant. William P. Redick, Jr., Whites Creek, Tennessee, Peter D. Heil, Nashville, Tennessee, for Appellee. ON BRIEF: Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellant. William P. Redick, Jr., Whites Creek, Tennessee, Peter D. Heil, Nashville, Tennessee, Christopher M. Minton, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.

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

COOK, Circuit Judge.

Ricky Bell, Warden for the State of Tennessee, appeals the district court's order granting Ronald R. Harries a writ of habeas corpus as to the penalty phase of his trial, thereby vacating his death sentence. Harries cross-appeals from the district court's denial of habeas corpus as to the guilt phase. We affirm the district court's order granting the writ with respect to the sentence and denying the writ with respect to the conviction.

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