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SAULSBERRY v. LEE

No. 17-6157.

937 F.3d 644 (2019)

Antonio L. SAULSBERRY, Petitioner-Appellant, v. Randy LEE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2019.

Attorney(s) appearing for the Case

ARGUED: Joshua M. Koppel , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Appellant. Michael M. Stahl , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON BRIEF: Joshua M. Koppel , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Appellant. Michael M. Stahl , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

SUTTON, J., delivered an opinion and the judgment of the court. WHITE, J. (pg. 651), delivered a separate opinion concurring in the judgment. DONALD, J. (pp. 651-54), delivered a separate dissenting opinion.

OPINION

This tale of two trials began when Tennessee charged Antonio Saulsberry with (1) premeditated murder and (2) two counts of felony murder. The first jury convicted him of premeditated murder and did not return a verdict on the two felony murder counts, all consistent...

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