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MILLER v. MAYS

No. 14-6445.

879 F.3d 691 (2018)

David E. MILLER, Petitioner-Appellant, v. Tony MAYS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2018.

Attorney(s) appearing for the Case

ARGUED: Stephen M. Kissinger , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Jennifer Lynn Smith , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON BRIEF: Stephen M. Kissinger , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Jennifer Lynn Smith , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

GIBBONS, J., delivered the opinion of the court in which SILER, J., joined. WHITE, J. (pp. 706-10), delivered a separate dissenting opinion.

OPINION

David Miller was convicted and sentenced to death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his ineffective-assistance-of-trial-counsel (IATC) claim in...

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