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LOTT v. COYLE

No. 99-4155.

261 F.3d 594 (2001)

Gregory LOTT, Petitioner-Appellant, v. Ralph COYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2001.

Attorney(s) appearing for the Case

ARGUED: David H. Bodiker (briefed), J. Joseph Bodine, Jr. (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, Lorie Leon (briefed), Columbus, OH, for Petitioner-Appellant.

James V. Canepa, Office of Attorney General of Ohio, Columbus, OH, Michael L. Collyer (argued and briefed), Jon W. Oebker (briefed), Office of the Attorney General of Ohio, Capital Crimes Section, Cleveland, OH, for Respondent-Appellee.

ON BRIEF: J. Joseph Bodine, Jr., David H. Bodiker, Lori Leon, PUBLIC DEFENDER'S OFFICE, OHIO PUBLIC DEFENDER COMMISSION, Columbus, Ohio, for Appellant.

Michael L. Collyer, Jon W. Oebker, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Cleveland, Ohio, for Appellee.

Before: MERRITT, BOGGS, and COLE, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

COLE, J., delivered the opinion of the court, in which MERRITT, J., joined. BOGGS, J. (pp. 621-24), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

R. GUY COLE, JR., Circuit Judge.

Petitioner-Appellant Gregory Lott ("Lott") appeals from the district court's denial of his petition for a writ of habeas corpus, setting forth four bases for relief: (1) Lott's case is prematurely...

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