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MOORE v. MITCHELL

No. 15-3374.

848 F.3d 774 (2017)

Lee E. MOORE, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2017.

Attorney(s) appearing for the Case

ARGUED: Laurence E. Komp , Manchester, Missouri, for Appellant. Charles L. Wille , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Laurence E. Komp , Manchester, Missouri, Michael J. O'Hara , O'HARA, RUBERG, TAYLOR, SLOAN & SERGENT, for Appellant. Charles L. Wille , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which GIBBONS, J., joined. MERRITT, J. (pp. 778-79), delivered a separate dissenting opinion.

OPINION

Lee Moore, convicted of kidnapping, robbing, and murdering Melvin Olinger, appeals the district court judgment that denied his motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b). He argues that the Supreme Court's decision in Trevino v. Thaler, ___...

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