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STROUTH v. COLSON

No. 08-6116.

680 F.3d 596 (2012)

Donald Wayne STROUTH, Petitioner-Appellant, v. Roland COLSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2012.

Attorney(s) appearing for the Case

ARGUED: Jerome C. Del Pino , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Jerome C. Del Pino , Henry A. Martin , Federal Public Defender's Office, Nashville, Tennessee, Mark E. Olive , Tallahassee, Florida, for Appellant. James E. Gaylord , Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: SUTTON, COOK and KETHLEDGE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Thirty-four years ago, a jury convicted Donald Strouth of first-degree murder for killing James Keegan during a robbery of Keegan's used-clothing store in Kingsport, Tennessee. The jury sentenced Strouth to death, a sentence the Tennessee appellate courts affirmed on direct appeal and in two collateral-review proceedings. Strouth sought a writ of habeas corpus in federal district court, asserting sixteen grounds for relief...

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