IN RE COLEY

Nos. 17-3071/3815.

871 F.3d 455 (2017)

IN RE: Douglas L. COLEY, Movant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2017.


Attorney(s) appearing for the Case

ON MOTION: Joseph E. Wilhelm , FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Movant. ON RESPONSE: Stephen E. Maher , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Respondent.

The court delivered a PER CURIAM order. MERRITT, J. (pp. 458-59), delivered a separate dissenting opinion.


ORDER

In these combined appeals, Douglas Coley asks this court to remand his case to the district court or to grant him permission to file a second or successive petition under 28 U.S.C. § 2254. See 28 U.S.C. § 2244(b)(3)(A). In either scenario, Coley hopes to argue that the Supreme Court's recent decision in Hurst v. Florida, ___ U.S. ___, 136 S.Ct. 616, 193 L.Ed...

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