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WILSON v. REES

No. 09-6306.

620 F.3d 699 (2010)

Gregory Lee WILSON, Plaintiff-Appellant, v. John D. REES, Defendant, Thomas Simpson, in his official capacity as Warden, Kentucky State Penitentiary; Scott Haas, in his official capacity as Medical Director for the Kentucky Department of Corrections; Steve Beshear, in his official capacity as Governor of the Commonwealth of Kentucky; LaDonna H. Thompson, in her official capacity as Commissioner, Kentucky Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

September 3, 2010.

Attorney(s) appearing for the Case

ON BRIEF: William E. Sharp , American Civil Liberties Union of Kentucky, General Counsel, Louisville, Kentucky, Michael J. O'Hara , O'Hara, Ruberg, Taylor, Sloan & Sargent, Covington, Kentucky, for Appellant. John C. Cummings , Commonwealth of Kentucky, Justice and Public Safety Cabinet, Frankfort, Kentucky, for Appellees.

Before BOGGS, GIBBONS, and COOK, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Appellant Gregory Wilson is a Kentucky inmate. In 1988, a jury convicted him of murder, kidnapping, rape, robbery, and conspiracy to commit robbery, and he was sentenced to death. Wilson's direct review concluded in 1993 when the U.S. Supreme Court denied certiorari. Wilson v. Kentucky, 507 U.S. 1034, 113 S.Ct. 1857, 123 L.Ed.2d 479 (1993).

In November 2007, Wilson filed the underlying action in district...

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