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HARBISON v. BELL

No. 02-5392.

408 F.3d 823 (2005)

Edward Jerome HARBISON, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 29, 2005.

Attorney(s) appearing for the Case

ARGUED: Dana C. Hansen Chavis, Federal Defender Services, Knoxville, Tennessee, for Appellant. Gordon W. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Dana C. Hansen Chavis, Federal Defender Services, Knoxville, Tennessee, Rosemarie L. Bryan, Shumacker, Witt, Gaither & Whitaker, Chattanooga, Tennessee, for Appellant. Gordon W. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: SILER, CLAY, and COOK, Circuit Judges.

CLAY, J. (pp. 837-46), delivered a separate dissenting opinion.

SILER, J., delivered the opinion of the court, in which COOK, J., joined.

OPINION

SILER, Circuit Judge.

Petitioner Edward Jerome Harbison was convicted of first-degree murder, second-degree burglary, and grand larceny and was sentenced to death. After unsuccessful direct appeal and state post-conviction proceedings, Harbison filed a petition for a writ of habeas corpus in the...

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