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MILLER v. COLSON

No. 09-6171.

694 F.3d 691 (2012)

David E. MILLER, Petitioner-Appellant, v. Roland COLSON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2012.

Attorney(s) appearing for the Case

ARGUED: Stephen M. Kissinger , Office of the Federal Public Defender, Knoxville, Tennessee, for Appellant. Jennifer L. Smith , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Stephen M. Kissinger , Office of the Federal Public Defender, Knoxville, Tennessee, for Appellant. Jennifer L. Smith , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which SILER, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 701-05), delivered a separate opinion dissenting from sections IV and V of the majority opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

David Miller appeals the district court's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Miller was convicted of first-degree murder in 1982 and sentenced to death, a sentence that was upheld by the Tennessee Supreme Court. He now claims that the state improperly denied him assistance from an independent medical expert, in violation of his clearly established constitutional...

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