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FULCHER v. MOTLEY

No. 03-6216.

444 F.3d 791 (2006)

Elem Ray FULCHER, Petitioner-Appellant, v. John MOTLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 18, 2006.

Attorney(s) appearing for the Case

ARGUED: Chad A. Readler, Jones Day, Columbus, Ohio, for Appellant. Ian G. Sonego, Office of the Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Chad A. Readler, Marc A. Fulkert, Jones Day, Columbus, Ohio, for Appellant. Ian G. Sonego, Office of the Attorney General, Frankfort, Kentucky, for Appellee. Gerald L. Gulley, Jr., Gulley Oldham, PLLC, Knoxville, Tennessee, for Amicus Curiae.

Before: CLAY and COOK, Circuit Judges; OLIVER, District Judge.

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

CLAY, J. (pp. 811-830), delivered a separate concurring opinion.

OPINION

COOK, Circuit Judge.

Elem Ray Fulcher, currently serving a life sentence for murder, burglary, and robbery, appeals the denial of his petition for a writ of habeas corpus. The evidence against Fulcher included statements from a police station interview with his then girlfriend, Patricia Sue...

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