Black v. Bell

Filing

OPINION and JUDGMENT filed: AFFIRMED in part, VACATED in part, case is REMANDED, decision for publication pursuant to local rule 206. Boyce F. Martin, Jr., Danny J. Boggs (DISSENTING), Ronald Lee Gilman (AUTHORING), Circuit Judges. [02-5032, 08-5644]

Case: 02-5032

Document: 006111157125

Filed: 12/15/2011

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 02-5032; 08-5644

FILED

Dec 15, 2011

BYRON LEWIS BLACK,
Petitioner - Appellant,

LEONARD GREEN, Clerk

v.
RICKY BELL, Warden,
Respondent - Appellee.

Before: MARTIN, BOGGS, and GILMAN, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial
of petitioner Byron Lewis Black’s habeas petition regarding his non-Atkins claims is
AFFIRMED, the district court’s judgment regarding the denial of Black’s petition
concerning his Atkins claim is VACATED, and the case is REMANDED for further
proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk