Court of Appeals for the Sixth Circuit February 25, 2004, 01-6116 (Billy Dewayne Newton v. George R. Million, Warden)

SILER, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. COLE, J. (pp. 879-81), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

The Commonwealth of Kentucky, on behalf of the warden, appeals the district court’s decision to grant a conditional writ of habeas corpus to Billy Dewayne Newton.