PINCHON v. MYERS

No. 07-6496.

615 F.3d 631 (2010)

Edward PINCHON, Petitioner-Appellant, v. Kevin MYERS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2010.


Attorney(s) appearing for the Case

ARGUED: Caryll S. Alpert, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Frank R. Borger-Gilligan, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Caryll S. Alpert, Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Frank R. Borger-Gilligan, Office of the Attorney General, Nashville, Tennessee, for Appellee.

GILMAN, J., delivered the opinion of the court, in which COLE and WHITE, JJ., joined. COLE, J. (pp. 644-46), delivered a separate concurring opinion, in which WHITE, J., also joined.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Edward Pinchon was convicted of first-degree murder and sentenced to life in prison for the killing of his adult male lover. Pinchon, who was 17-years old at the time of his arrest, was transferred from juvenile court to a state criminal court to be tried as an adult. After exhausting his direct appeals without success, he returned to the state trial court with a petition for postconviction relief. The state trial...

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