RYAN, J., delivered the opinion of the court, in which CLELAND, D.J., joined. MERRITT, C. J. (pp. 85-87), delivered a separate concurring opinion. RYAN, Circuit Judge. Respondent, William Seabold, appeals a judgment granting Charles Howard West’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We reverse. I. T…
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