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HENNESS v. BAGLEY

No. 13-3934.

766 F.3d 550 (2014)

Warren K. HENNESS, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2014.

Attorney(s) appearing for the Case

ARGUED: Jessica L. Felker , Federal Public Defender's Office, Columbus, Ohio, for Appellant. Seth Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Jessica L. Felker , David C. Stebbins , Justin C. Thompson , Federal Public Defender's Office, Columbus, Ohio, for Appellant. Seth Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: BOGGS, SILER, and SUTTON, Circuit Judges.

OPINION

SILER, Circuit Judge.

Warren Henness, an Ohio prisoner under a death sentence, appeals from the district court's denial of his Fed.R.Civ.P. 60(b)(6) motion for relief from a judgment that dismissed his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The district court granted a Certificate of Appealability (COA) on the issue of whether Henness is entitled to Rule 60(b)(6) relief because intervening changes in the law establish...

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