Donald Phillips v. Randy White


OPINION and JUDGMENT filed : It is ORDERED that the judgment of the district court is REVERSED and Donald Phillips is GRANTED a conditional writ of habeas corpus consistent with the opinion of this court. Decision for publication. R. Guy Cole, Jr., Chief Judge (AUTHORING); Deborah L. Cook and Helene N. White, Circuit Judges.

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Case: 15-5629 Document: 43-1 Filed: 03/15/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: March 15, 2017 Mr. Todd D. Ferguson Office of the Attorney General of Kentucky 1024 Capital Center Drive, Suite 200 Frankfort, KY 40601 Mr. Robert Stander Jones Day 51 Louisiana Avenue, N.W. Washington, DC 20001 Re: Case No. 15-5629, Donald Phillips v. Randy White Originating Case No. : 6:08-cv-00368 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Robert R. Carr Enclosures Mandate to issue.

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