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MOORE v. PARKER

No. 03-6105.

425 F.3d 250 (2005)

Brian Keith MOORE, Petitioner-Appellant, v. Philip PARKER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2005.

Attorney(s) appearing for the Case

ARGUED: Milton Coburn Toby, Perch & Toby, Lexington, Kentucky, William Yesowitch, Barber, Banaszynski & Associates, Louisville, Kentucky, for Appellant. David A. Smith, Office of the Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Milton Coburn Toby, Perch & Toby, Lexington, Kentucky, William Yesowitch, Barber, Banaszynski & Associates, Louisville, Kentucky, for Appellant. David A. Smith, Office of the Attorney General, Frankfort, Kentucky, for Appellee.

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

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

MARTIN, J. (pp. 257-70), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Brian Keith Moore, a Kentucky prisoner under sentence of death, appeals the district court's denial of his petition for a writ of habeas corpus. For the following reasons, we affirm the district court and deny the writ.

I. Background and Procedural History

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