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HODGES v. COLSON

No. 09-5021.

711 F.3d 589 (2013)

Henry HODGES, Petitioner-Appellant, v. Roland COLSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 26, 2013.

Attorney(s) appearing for the Case

ARGUED: Kelley J. Henry , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. James E. Gaylord , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Kelley J. Henry , Gretchen L. Swift , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. James E. Gaylord , Angele M. Gregory , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

BATCHELDER, C.J., delivered the opinion of the court in which COOK, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 617-23), delivered a separate opinion dissenting from Part III of the majority opinion and from the result.

OPINION

ALICE M. BATCHELDER, Chief Judge.

In 1992, a Tennessee jury convicted Petitioner-Appellant Henry Hodges of first-degree murder and sentenced him to death. The state courts upheld the conviction and sentence on appeal and denied Hodges's petition for post-conviction relief. Hodges then petitioned for federal habeas relief, which the district court denied. Hodges now appeals that denial to this court. For the following reasons, we AFFIRM the district...

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