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BLACK v. CARPENTER

No. 13-5224.

866 F.3d 734 (2017)

Byron Lewis BLACK, Petitioner-Appellant, v. Wayne CARPENTER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2017.

Attorney(s) appearing for the Case

ARGUED: Kelley J. Henry , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant. John H. Bledsoe , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON BRIEF: Kelley J. Henry , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant. Andrew H. Smith , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court in which GRIFFIN, J., joined, and COLE, C.J., joined in part. COLE, C.J. (pg. 750), delivered a separate opinion concurring in the majority opinion except for Section II.E and concurring in the judgment.

OPINION

In 1986, Byron Black shot his girlfriend Angela's ex-husband, Bennie. Black pleaded guilty to malicious shooting and was sentenced to two years of imprisonment at a Davidson County, Tennessee, workhouse. In 1988, while on a weekend furlough from that workhouse, Black entered Angela's home, shot Angela in the...

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