Court of Appeals for the Sixth Circuit September 27, 2007, 06-6474, 06-6539, 07-5059 (Harbison v. Bell)

CLAY, Circuit Judge,

dissenting.

I dissented with respect to the prior panel opinion in this matter, Harbison v. Bell, 408 F.3d 823 (6th Cir.2005), because the district court improperly failed to grant Harbison’s petition for a writ of habeas corpus on the ground that the prosecution violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.