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IRICK v. BELL

No. 01-5638.

565 F.3d 315 (2009)

Billy R. IRICK, Petitioner-Appellant, v. Ricky BELL, Warden, Riverbend Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2009.

Attorney(s) appearing for the Case

ARGUED: C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, for Appellant. James E. Gaylord, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, Howell G. Clements, Clement & Cross, Chattanooga, Tennessee, for Appellant. James E. Gaylord, Office of the Attorney General, Nashville, Tennessee, for Appellee.

BATCHELDER, J., delivered the opinion of the court, in which SILER, J., joined. GILMAN, J. (pp. 327-32), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Billy Ray Irick is on Tennessee's death row for the rape and murder of seven-year-old Paula Dyer. Irick appeals the district court's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He argues that prosecutors failed to provide defense counsel with a statement of the victim's mother, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct....

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