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JOHNSON v. BELL

No. 04-5377.

525 F.3d 466 (2008)

Cecil C. JOHNSON, Jr., Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 29, 2008.

Attorney(s) appearing for the Case

ARGUED: James G. Thomas, Neal & Harwell, Nashville, Tennessee, for Appellant. Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: James G. Thomas, James Franklin Sanders, Neal & Harwell, Nashville, Tennessee, for Appellant. Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee.

GIBBONS, J., delivered the opinion of the court. BATCHELDER, J. (pp. 488-90), delivered a separate concurring opinion. COLE, J. (pp. 490-97), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

In 1981, petitioner-appellant Cecil C. Johnson, Jr., was convicted by a Davidson County, Tennessee, jury of three counts of first degree murder, two counts of robbery, and two counts of assault. Johnson was sentenced to death for the murders and received four consecutive life sentences for the remaining convictions. The convictions and sentences were upheld by the...

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