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OWENS v. GUIDA

No. 05-6105.

549 F.3d 399 (2008)

Gaile K. OWENS, Petitioner-Appellant, v. Earline GUIDA, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Gretchen L. Swift, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Gordon W. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Gretchen L. Swift, Christopher M. Minton, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Gordon W. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee.

BOGGS, C.J., delivered the opinion of the court, in which SILER, J., joined. MERRITT, J. (pp. ___ - ___), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Gaile K. Owens ("Owens") is on Tennessee's death row because she hired Sidney Porterfield to kill her husband and Porterfield successfully carried out his assignment. Owens appeals the district court's dismissal of her petition for a writ of habeas corpus. She argues that: 1) she received ineffective assistance of counsel ("IAC") when trial counsel failed to adequately investigate her background and failed to overcome the state...

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