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RIMMER v. HOLDER

No. 11-6286.

700 F.3d 246 (2012)

Michael Dale RIMMER, Plaintiff-Appellant, v. Eric H. HOLDER, Jr., in his official capacity as Attorney General; United States Department of Justice; Federal Bureau of Investigation; Robert S. Mueller III, in his official capacity as Director (FBI), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Kelly A. Gleason , Office of the Post-Conviction Defender, Nashville, Tennessee, for Appellant. H. Thomas Byron III , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Kelly A. Gleason , Office of the Post-Conviction Defender, Nashville, Tennessee, for Appellant. H. Thomas Byron III , Leonard Schaitman , United States Department of Justice, Washington, D.C., for Appellees.

Before: BOGGS and CLAY, Circuit Judges; and STAFFORD, District Judge.

OPINION

BOGGS, Circuit Judge.

In 1998, Appellant Michael Dale Rimmer was convicted and sentenced to death in Tennessee state court for the murder of Ricci Lynn Ellsworth. After his conviction, Rimmer learned that the federal government had conducted a joint investigation of Ellsworth's murder with the Memphis Police Department and now alleges that this investigation produced exculpatory evidence to which he should have been privy. Based on these allegations...

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