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WHITE v. STEELE

No. 08-5498.

602 F.3d 707 (2009)

Tabatha WHITE, Petitioner-Appellee, v. Jewel STEELE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2009.

Rehearing and Rehearing En Banc Denied February 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Francis R. Borger-Gilligan, Office of the Attorney General, Nashville, Tennessee, for Appellant. Sumter L. Camp, Federal Public Defender's Office, Nashville, Tennessee, for Appellee. ON BRIEF: Elizabeth T. Ryan, Office of the Attorney General, Nashville, Tennessee, for Appellant. Sumter L. Camp, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.

COOK, J., delivered the opinion of the court, in which ROGERS, J., joined. MARTIN, J. (pp. 6-10), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Jewel Steele, Warden, appeals the district court's grant of a writ of habeas corpus to inmate Tabatha White. We reverse because, in its sufficiency-of-the-evidence review, the district court failed to accord the deference due to the judgment of the Tennessee Court of Criminal Appeals.

I. BACKGROUND

The state court opinion from White and co-defendant Leon Robins's direct appeal adequately sets forth the facts...

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