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JOHNSON v. BELL

Nos. 05-6925; 06-6330.

605 F.3d 333 (2010)

Donnie E. JOHNSON, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Jennifer Lynn Smith, Office Of The Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Paul R. Bottei, Christopher M. Minton, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Alice B. Lustre, Michael E. Moore, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

NORRIS, J., delivered the opinion of the court, in which BOGGS, J., joined. CLAY, J. (pp. 341-45), delivered a separate dissenting opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

In 1985 petitioner Donnie E. Johnson was sentenced to death for the murder of his wife. Since that time he has initiated numerous legal proceedings in both state and federal court challenging his conviction. In 2003 we considered a petition for a writ of habeas corpus, 28 U.S.C. § 2254, and denied relief. Johnson v. Bell, 344 F.3d 567 (6th Cir.2003). Thereafter petitioner...

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