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BYRD v. COLLINS

No. 96-3209.

209 F.3d 486 (2000)

John W. BYRD, Jr., Petitioner-Appellant, v. Terry L. COLLINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2000.

Attorney(s) appearing for the Case

Randall L. Porter, Richard J. Vickers (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Steven M. Brown (briefed), Columbus, Ohio, for Petitioner-Appellant.

Stuart A. Cole (argued), Assistant Attorney General, Columbus, Ohio, Claude N. Crowe, Office of the Attorney General, Cincinnati, Ohio, Stuart W. Harris (briefed), Office of the Attorney General, Capital Crimes Section, Columbus, Ohio, for Respondent-Appellee.

Before: JONES, SUHRHEINRICH, and BATCHELDER, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which BATCHELDER, J., joined. NATHANIEL R. JONES, J. (pp. 542-52), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

In August 1983, the Court of Common Pleas in Hamilton County, Ohio, sentenced Petitioner, John W. Byrd, Jr., to death for the aggravated murder of Monte Tewksbury. The Ohio state courts repeatedly rejected Petitioner's claims for relief. In March 1994...

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