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MIDDLEBROOKS v. BELL

No. 05-5904.

619 F.3d 526 (2010)

Donald Ray MIDDLEBROOKS, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2010.

Attorney(s) appearing for the Case

ARGUED: Paul R. Bottei , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Paul R. Bottei , Gretchen L. Swift , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: MOORE, CLAY, and GILMAN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 1989, a jury convicted Donald Middlebrooks of the 1987 kidnaping and murder of Kerrick Majors, a fourteen-year-old African-American youth, and sentenced Middlebrooks to death. The Tennessee Supreme Court affirmed the convictions but vacated the death sentence in 1992. In 1995, a jury again sentenced Middlebrooks to death after finding that the murder was especially...

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