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JEFFRIES v. MORGAN

No. 06-5726.

522 F.3d 640 (2008)

Billy S. JEFFRIES, Petitioner-Appellant, v. James L. MORGAN, in his official capacity as Warden of the Northpoint Training Center, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 14, 2008.

Attorney(s) appearing for the Case

ARGUED: Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellant. David W. Barr, Office of the Attorney General, Commonwealth of Kentucky, Frankfort, Kentucky, for Appellee. ON BRIEF: Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellant. Louis F. Mathias, Jr., Office of the Attorney General, Commonwealth of Kentucky, Frankfort, Kentucky, for Appellee.

Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Billy S. Jeffries appeals the district court's denial of his petition for habeas corpus seeking to overturn his conviction for murder and attempted rape based on evidence discovered subsequent to trial that implicates another person, John Dillon, in the crime. The issues on appeal are whether the district court erred in holding that: (1) upholding the Kentucky Supreme Court's decision that the evidence introduced...

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