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AWKAL v. MITCHELL

No. 01-4278.

613 F.3d 629 (2010)

Abdul AWKAL, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2010.

Attorney(s) appearing for the Case

ARGUED: R. Brian Moriarty, Cleveland, Ohio, for Appellant. Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Kevin M. Cafferkey, Thomas F. O'Malley, Jr., Law Offices, Cleveland, Ohio, for Appellant. Benjamin C. Mizer, David M. Lieberman, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

GILMAN, J., delivered the opinion of the court, in which BATCHELDER, C.J., BOGGS, GIBBONS, ROGERS, SUTTON, McKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, JJ., joined, with WHITE, J. (p. 649), also delivering a separate concurring opinion. MARTIN, J. (pp. 649-658), delivered a separate dissenting opinion, in which MOORE, COLE, and CLAY, JJ., joined.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Abdul Awkal was convicted by an Ohio jury on two counts of aggravated murder for the shooting deaths of his wife and brother-in-law in 1992. The jury recommended a sentence of death, and the trial court sentenced Awkal accordingly. Awkal now appeals the district court's denial of his petition for a writ of habeas corpus.

In his petition, Awkal argues that (1) his counsel was ineffective at the guilt phase...

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