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SOWELL v. BRADSHAW

No. 02-3441.

372 F.3d 821 (2004)

Billy Joe SOWELL, Petitioner-Appellee, v. Margaret BRADSHAW, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2004.

Attorney(s) appearing for the Case

Mark A. Vander Laan (argued and briefed), Christopher R. McDowell (briefed), Dinsmore & Shohl, Cincinnati, OH, Randall L. Porter (briefed), David H. Bodiker, Public Defenders Office, Ohio Public Defender Com'n, Columbus, OH, for Petitioner-Appellee.

Michael L. Collyer, Asst. Atty. Gen. (argued and briefed), Office of the Attorney General of Ohio, Cleveland, OH, Charles L. Wille (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Respondent-Appellant.

Before BATCHELDER, MOORE, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. MOORE, J. (pp. 838-41), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The state of Ohio indicted Petitioner Billy Joe Sowell for murder, with a stipulation that he could receive the death penalty. Relying on advice of his counsel, Sowell opted to be tried by a three-judge panel rather than by a 12-member jury. Sowell's counsel was confident...

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