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FRANKLIN v. FRANCIS

No. 98-3187.

144 F.3d 429 (1998)

Jennie FRANKLIN and Elaine Quigley, on Behalf of Wilford Lee Berry, Jr., Petitioners-Appellees, v. Rodney L. FRANCIS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Randall L. Porter, David H. Bodiker, J. Joseph Bodine, Jr., Laurence E. Komp (argued), Public Defender's Office, Ohio Public Defender Com'n, Columbus, OH, for Petitioners-Appellees.

Simon B. Karas, Asst. Atty. Gen., (argued), Office of the Atty. Gen. of Ohio, Columbus, OH, Jeffrey S. Sutton, State Solicitation Admin., Columbus, OH, Sharon A. McClellan, Office of the Atty. Gen., Chief Capital Crimes Section, for Respondent-Appellant.

Before: KENNEDY, RYAN, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

This is a suit for habeas corpus relief, pursuant to 28 U.S.C. § 2254, filed on behalf of Wilford Lee Berry, Jr., who has received a death sentence for murder from the State of Ohio. The petitioners are Jennie Franklin, his birth mother, and Elaine Quigley, his sister, acting as next friends for Berry. Suit was brought against Rodney L. Francis, the Warden of the Corrections Medical Center, where Berry is currently incarcerated...

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