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SUTTON v. BELL

No. 03-5058.

645 F.3d 752 (2011)

Nicholas T. SUTTON, Petitioner-Appellant, v. Ricky BELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen A. Ferrell , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant. Joseph F. Whalen , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Stephen A. Ferrell , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant. Joseph F. Whalen , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court. DAUGHTREY, J. (pp. 765-67), delivered a separate opinion concurring in the reasoning and the result of the majority. MARTIN, J. (pp. 767-71), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Nicholas T. Sutton is a Tennessee prisoner sentenced to death for murdering a fellow prisoner. He petitions for a writ of habeas corpus on the grounds that his trial counsel was constitutionally ineffective. We affirm the district court's denial of habeas relief.

I. Background

On January 15, 1985, Carl Estep, an inmate at Tennessee's Morgan County Regional Correctional Facility, was murdered in his cell. He...

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