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FOLEY v. WHITE

No. 13-5459.

835 F.3d 561 (2016)

Robert Carl FOLEY, Petitioner-Appellant, v. Randy WHITE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 26, 2016.

Attorney(s) appearing for the Case

ARGUED: Euva Blandford , DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, for Appellant. ON BRIEF: Euva Blandford , DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, Michael J. O'Hara , O'HARA, RUBERG, TAYLOR, SLOAN & SERGENT, Crestview Hills, Kentucky, for Appellant. David W. Barr , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee.

COOK, J., delivered the opinion of the court in which SUTTON, J., joined. WHITE, J. (pp. 565-70), delivered a separate dissenting opinion.

OPINION

A Kentucky jury sentenced Robert Foley to death for the 1991 shootings of brothers Lynn and Rodney Vaughn. Foley v. Commonwealth, 942 S.W.2d 876, 879 (Ky. 1996). After exhausting all available appeals, Foley moved under 18 U.S.C. § 3599(a)(2) and (f) for the district...

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