WOODALL v. SIMPSON

Nos. 09-5352, 09-5406.

685 F.3d 574 (2012)

Robert Keith WOODALL, Petitioner-Appellee/Cross-Appellant, v. Thomas L. SIMPSON, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 12, 2012.


Attorney(s) appearing for the Case

ARGUED: Susan Roncarti Lenz , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant/Cross-Appellee. Laurence E. Komp , Manchester, Missouri, for Appellee/Cross-Appellant. ON BRIEF: Susan Roncarti Lenz , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellant/Cross-Appellee. Laurence E. Komp , Manchester, Missouri, David H. Harshaw III , Department of Public Advocacy, LaGrange, Kentucky for Appellee/Cross-Appellant.

MARTIN, J., delivered the opinion of the court, in which GRIFFIN, J., joined. COOK, J. (pp. 581-88), delivered a separate dissenting opinion.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Warden Thomas L. Simpson appeals from a district court judgment granting in part Robert Keith Woodall's petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. Woodall is a Kentucky prisoner under sentence of death. Woodall cross-appeals the part of the judgment denying his remaining claims. Woodall pled guilty to capital murder, capital kidnapping, and...

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