Legal Opinion

David Miller v. Roland Colson

Court of Appeals for the Sixth Circuit

Decided September 13, 2012No. 09-6171PublishedCited by 10 opinions

1Opinion of the CourtGibbons, J., joined by Siler, J.,

WHITE, J. (pp. 701-05), delivered a separate opinion dissenting from sections IV and V of the majority opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

David Miller appeals the district court’s dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Miller was convicted of first-degree murder in 1982 and sentenced to death, a sentence that was upheld by the Tennessee Supreme Court. He now claims that the state improperly denied him assistance from an independent medical expert, in violation of his clearly established constitutional right under Ake v. Oklahoma, 470 U.S.…

2Cases cited31 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. Cullen v. PinholsterSupreme Court of the United States · 2011
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Sandstrom v. MontanaSupreme Court of the United States · 1979

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3Cited by10 opinions

  1. Genesis Hill v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2016
  2. McWilliams v. DunnSupreme Court of the United States · 2017
  3. David Miller v. Tony MaysCourt of Appeals for the Sixth Circuit · 2018
  4. Gregory Esparza v. Ed SheldonCourt of Appeals for the Sixth Circuit · 2014
  5. David Miller v. Tony ParkerCourt of Appeals for the Sixth Circuit · 2018

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