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TINSLEY v. MILLION

No. 02-5796.

399 F.3d 796 (2005)

Scott Lee TINSLEY, Petitioner-Appellant, v. George MILLION, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Howard J.C. Nicols, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellant. Perry T. Ryan, Office of the Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Howard J.C. Nicols, Steve A. Delchin, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellant. Perry T. Ryan, Office of the Attorney General, Frankfort, Kentucky, for Appellee.

Before: GILMAN and SUTTON, Circuit Judges; McKEAGUE, District Judge.

OPINION

SUTTON, Circuit Judge.

Scott Lee Tinsley challenges the district court's denial of his petition for habeas corpus relief following his conviction and 75-year sentence for the murder of Tammy Marie Brier. For the reasons that follow, we affirm the judgment in all respects but one — whether Tinsley's counsel provided ineffective assistance at the penalty phase by failing to give an opening and closing argument — which we remand to the...

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