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PHILLIPS v. WHITE

No. 15-5629.

851 F.3d 567 (2017)

Donald R. PHILLIPS, Petitioner-Appellant, v. Randy L. WHITE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 15, 2017.

Rehearing Denied April 3, 2017.

Attorney(s) appearing for the Case

ARGUED: Robert Stander , JONES DAY, Washington, D.C., for Appellant. Todd D. Ferguson , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON BRIEF: Robert Stander , JONES DAY, Washington, D.C., for Appellant. Todd D. Ferguson, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee.

Before: COLE, Chief Judge; COOK and WHITE, Circuit Judges.

OPINION

A Kentucky jury convicted Donald Phillips of two counts of first-degree murder. The jury considered the death penalty, but recommended life imprisonment with no possibility of parole for twenty-five years, which the judge imposed. For over six years, Phillips sought post-conviction relief in state trial court...

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