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MILLER v. PARKER

No. 18-6222.

909 F.3d 827 (2018)

David E. MILLER; Nicholas Todd Sutton; Stephen Michael West; Terry Lynn King, Plaintiffs-Appellants, v. Tony PARKER, Commissioner, Riverbend Maximum Security Institution, in his official capacity; Tony Mays, Warden, Riverbend Maximum Security Institution, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 28, 2018.

Attorney(s) appearing for the Case

ON MOTION AND REPLY: Stephen M. Kissinger , FEDERAL PUBLIC DEFENDER, Knoxville, Tennessee, for Appellants. ON RESPONSE: Jennifer L. Smith , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees.

The court delivered an order. WHITE, J. (pp. 830-34), delivered a separate dissenting opinion.

ORDER

David Miller, a Tennessee death penalty prisoner, moves this court for a stay enjoining the defendants from carrying out his execution. For the reasons set forth below, we deny his motion.

In 1982, a Tennessee jury convicted Miller of first-degree murder, and the trial court sentenced him to death. This court previously affirmed the denial of Miller's federal habeas petition. Miller v. Colson, 694 F.3d 691 ...

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