BROOKS v. TENNESSEE

No. 07-5415.

626 F.3d 878 (2010)

Donald Gene BROOKS, Petitioner-Appellant, v. State of TENNESSEE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 2010.


Attorney(s) appearing for the Case

ARGUED: Michael C. Holley , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley , Caryll S. Alpert , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee.

GILMAN, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. DAUGHTREY, J. (pp. 898-900), delivered a separate opinion concurring in the judgment.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Following a jury trial in the Montgomery County Criminal Court in Tennessee, Donald Gene Brooks was convicted of first-degree felony murder, especially aggravated robbery, theft of property valued over $1,000, and setting fire to personal property. He was sentenced to life plus 27 years of imprisonment. After Brooks's conviction and sentence were affirmed on direct appeal...

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