FOLEY v. PARKER

No. 04-5746.

481 F.3d 380 (2007)

Robert Carl FOLEY, Petitioner-Appellant, v. Philip PARKER, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 22, 2007.


Attorney(s) appearing for the Case

ARGUED: Timothy T. Riddell, Perch & Toby, Lexington, Kentucky, for Appellant. David A. Smith, Office of the Attorney General, Frankfort, Kentucky, for Appellee.

ON BRIEF: Timothy T. Riddell, Perch & Toby, Lexington, Kentucky, Milton Coburn Toby, Georgetown, Kentucky, for Appellant. David A. Smith, Tami Allen Stetler, Office of the Attorney General, Frankfort, Kentucky, for Appellee.

Before: MARTIN, GILMAN, and COOK, Circuit Judges.


MARTIN, J. (pp. ___-___), delivered a separate opinion concurring in part and dissenting in part.

OPINION

COOK, Circuit Judge.

Petitioner Robert Carl Foley was convicted of murder in Kentucky and sentenced to death. After a lengthy appellate process in the Kentucky courts, Foley filed a habeas petition raising thirty-six separate grounds for relief. The district court reviewed and denied each one, but granted a Certificate of Appealability (COA)...

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