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HAMILTON v. MORGAN

No. 05-5614.

474 F.3d 854 (2007)

Quinn HAMILTON, Petitioner-Appellant, v. Jack MORGAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2007.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley, R. David Baker, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: SILER, BATCHELDER, and MOORE, Circuit Judges.

MOORE, J. (pp. 862-69), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Petitioner Quinn Hamilton appeals the district court's grant of summary judgment in favor of Respondent Warden Jack Morgan (hereinafter "the State") on his habeas corpus petition, pursuant to 28 U.S.C. § 2254, seeking relief from a state court conviction for armed robbery and evading arrest. Because...

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