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BOYKIN v. WEBB

No. 06-5775.

541 F.3d 638 (2008)

Terrance BOYKIN, Petitioner-Appellant, v. Patti WEBB, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellant. Michael L. Harned, II, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellant. Michael L. Harned, II, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

MARTIN, J., delivered the opinion of the court, in which JORDAN, D.J., joined. BATCHELDER, J. (pp. 648-51), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Terrance Boykin petitioned the district court for a writ of habeas corpus. Boykin sought to overturn his state conviction for complicity to murder and wanton endangerment, arguing that he received ineffective assistance of counsel. According to Boykin, because his trial counsel represented both Boykin and his co-defendant Treon McElrath, trial counsel could not pursue facts that would have exculpated Boykin but...

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