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WHEELER v. SIMPSON

No. 11-5707.

852 F.3d 509 (2017)

Roger L. WHEELER, Petitioner-Appellant, v. Thomas L. SIMPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2017.

Attorney(s) appearing for the Case

ARGUED: Joseph T. Flood , SHELDON, FLOOD & HAYWOOD, PLC, Fairfax, Virginia, for Appellant. David W. Barr , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON BRIEF: Joseph T. Flood , SHELDON, FLOOD & HAYWOOD, PLC, Fairfax, Virginia, David M. Barron , KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY, Frankfort, Kentucky, for Appellant. David W. Barr , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee.

GRIFFIN, J., delivered the opinion of the court in which MERRITT and WHITE, JJ., joined. MERRITT, J. (pg. 521), delivered a separate concurring opinion.

OPINION

This habeas case returns to us on remand from the Supreme Court. Previously, this court granted habeas relief to petitioner Roger Wheeler based on the state trial court's decision to remove a juror who could not give sufficient assurance of neutrality or impartiality in considering whether to impose the...

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