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McELRATH v. SIMPSON

No. 07-5505.

595 F.3d 624 (2010)

Treon McELRATH, Petitioner-Appellant, v. Thomas SIMPSON, Warden, Western Kentucky Correctional Complex, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Christopher Nelson Lasch, Suffolk University Law School, Boston, Massachusetts, for Appellant. Matthew Robert Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Christopher Nelson Lasch, Suffolk University Law School, Boston, Massachusetts, for Appellant. Matthew Robert Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

Before GUY, CLAY, and KETHLEDGE, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Petitioner Treon McElrath, a state prisoner in Kentucky, appeals from the denial of his petition for writ of habeas corpus filed under 28 U.S.C. § 2254. Petitioner was convicted, along with codefendants Terrance Boykin and Andra Everett, of one count of complicity to murder and six counts of complicity to wanton endangerment arising out of a shooting that occurred on June 21, 1998. McElrath, who was represented...

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