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HODGE v. JORDAN

No. 17-6032.

12 F.4th 640 (2021)

Benny Lee HODGE, Petitioner-Appellant, v. Scott JORDAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 10, 2021.

Attorney(s) appearing for the Case

ARGUED: Dennis J. Burke , DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, for Appellant. Brett R. Nolan , OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Appellee. ON BRIEF: Dennis J. Burke , DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, Dana C. Hansen Chavis , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Joseph A. Newberg, II , OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Appellee.

SILER, J., delivered the opinion of the court in which COOK, J., joined. WHITE, J. (pp. 646-47), delivered a separate opinion concurring in part and dissenting in part.

OPINION

In 1986, a Kentucky jury convicted Benny Hodge for the murder of Tammy Acker, the attempted murder of Dr. Roscoe Acker, first-degree robbery, and first-degree burglary. After finding Hodge and codefendant Roger Dale Epperson guilty, the jury recommended death for both. Hodge filed this habeas petition, claiming...

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