Cornelius D. Boyle v. George Million, Warden

OPINION

DAUGHTREY, Circuit Judge.

Respondent George Million, the warden at Eastern Kentucky Correctional Center, appeals the decision of the district court granting the petitioner, Cornelius Boyle, a conditional writ of habeas corpus based upon prosecutorial misconduct that occurred during Boyle’s criminal trial. Before us, Million contends that the writ was erroneously issued because it was based in part upon alleged prosecutorial misconduct during closing argument, a claim that the respondent insists was procedurally defaulted before the Kentucky state courts. We conclude, however, that the…