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WEST v. BELL

Nos. 05-5132, 05-6219.

550 F.3d 542 (2008)

Stephen Michael WEST, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Stephen Alan Ferrell, Federal Defender Services, Columbus, Ohio, for Appellant. Jennifer Lynn Smith, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Stephen Alan Ferrell, Federal Defender Services, Columbus, Ohio, for Appellant. Jennifer Lynn Smith, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

BOGGS, C.J., delivered the opinion of the court, in which NORRIS, J., joined. MOORE, J. (pp. 567-70), delivered a separate opinion dissenting in part and concurring in the judgment only in part.

OPINION

BOGGS, Chief Judge.

Stephen Michael West appeals the district court's dismissal of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. West argues that the state trial court erred by refusing to admit two exculpatory pieces of evidence, that the trial was prejudiced by prosecutorial misconduct, and that he received ineffective assistance of counsel during the sentencing phase of his trial. We reject these arguments and affirm...

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