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HARBISON v. BELL

Nos. 06-6474, 06-6539, 07-5059.

503 F.3d 566 (2007)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2007.

Attorney(s) appearing for the Case

Dana C. Hansen Chavis, Federal Defender Services, Knoxville, TN, for Petitioner-Appellant.

Gordon W. Smith, Glenn R. Pruden, Asst. Atty. General, Office of the Attorney General, Nashville, TN, for Respondent-Appellee.

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

SILER, J., delivered the opinion of the court, in which COOK, J., joined. CLAY, J. (p. ____), delivered a separate dissenting opinion.

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 unsuccessfully appealing through the Tennessee state courts, he petitioned in federal court for a writ of habeas corpus under 28 U.S.C....

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