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MATTHEWS v. PARKER

No. 09-5464.

651 F.3d 489 (2011)

David Eugene MATTHEWS, Petitioner-Appellant, v. Philip PARKER, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2011.

Rehearing and Rehearing En Banc Denied August 31, 2011.

Attorney(s) appearing for the Case

ARGUED: Alan Michael Freedman, Midwest Center for Justice, Evanston, Illinois, for Appellant. Matthew R. Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Alan Michael Freedman, Midwest Center for Justice, Evanston, Illinois, Susan M.J. Martin, East Brunswick, New Jersey, for Appellant. Matthew R. Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. SILER, J. (pp. 525-28), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioner David Eugene Matthews, who was sentenced to death for murder by the State of Kentucky, appeals the district court's order denying Petitioner's claims and dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. For the reasons set forth below, we AFFIRM in part and REVERSE in part.

BACKGROUND

I. Factual Background

On June 29,...

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