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GALL v. SCROGGY

No. 08-6553.

603 F.3d 346 (2010)

Eugene Williams GALL, Jr., Petitioner-Appellee, v. Gene SCROGGY, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 29, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Matthew R. Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant. Timothy G. Arnold, Jeffrey E. Sherr, Department of Public Advocacy, Frankfort, Kentucky, for Appellee.

MARTIN, J., delivered the opinion of the court, in which WHITE, J., joined. ZOUHARY, D.J. (pp. 359-61), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is Eugene Gall's third appearance in our Court arising out of his 1978 murder conviction and sentence of death in Kentucky state court. Gall was the appellant in his two prior appearances, and his record in that role is one-and-one. In 2000, we reversed the district court's denial of Gall's petition for a writ of habeas corpus, found that Gall's 1978 murder conviction was unconstitutional, and therefore ordered...

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