CONE v. BELL

No. 99-5279.

492 F.3d 743 (2007)

Gary Bradford CONE, Petitioner-Appellant, v. Ricky BELL, Warden, Riverbend Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 19, 2007.


Attorney(s) appearing for the Case

ARGUED: Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer L. Smith, Michael E. Moore, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: MERRITT, RYAN, and NORRIS, Circuit Judges.


RYAN, J., delivered the opinion of the court, in which NORRIS, J., joined. MERRITT, J. (pp. 759-66), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

In 1982, a Tennessee state court sentenced Gary Bradford Cone to death after convicting him of two counts of first degree murder, two counts of murder in the perpetration of a burglary, three counts of assault with intent to commit murder, and one count of robbery by use of deadly...

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