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McGUIRE v. OHIO

No. 07-3991.

619 F.3d 623 (2010)

Dennis B. McGUIRE, Petitioner-Appellant, v. State of OHIO; Betty Mitchell, Warden, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2010.

Attorney(s) appearing for the Case

ARGUED: Gary W. Crim , Dayton, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Gary W. Crim , Dayton, Ohio, Linda E. Prucha, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: SILER, ROGERS, and SUTTON, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Capital habeas petitioner Dennis B. McGuire challenges the Supreme Court of Ohio's conclusions that (1) the trial court properly excluded certain hearsay by the victim's husband, (2) appellate counsel was not ineffective in failing to challenge the omission of a catch-all mitigation factor from the jury instructions, and (3) sufficient evidence supports the jury's guilty verdict for...

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