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BLACK v. BELL

Nos. 02-5032, 08-5644.

664 F.3d 81 (2011)

Byron Lewis BLACK, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2011.

Rehearing Denied January 4, 2012.

Attorney(s) appearing for the Case

ARGUED: Kelley J. Henry , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Joseph F. Whalen, III , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Kelley J. Henry , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Joseph F. Whalen, III , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

GILMAN, J., delivered the opinion of the court, in which MARTIN, J., joined. BOGGS, J. (pp. 107-08), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Byron Black, who was tried in state court and sentenced to death in 1989 for committing three murders, appeals the district court's denial of his petition for a writ of habeas corpus. He raises various issues related to the court's 2001 denial of his original habeas petition as well as the court's 2008 denial of his amended petition based on Atkins v. Virginia, 536 U.S. 304...

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