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LUNDGREN v. MITCHELL

No. 02-3001.

440 F.3d 754 (2006)

Jeffrey D. LUNDGREN, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 13, 2006.

Attorney(s) appearing for the Case

ARGUED: James A. Jenkins, Cleveland, Ohio, for Appellant. Charles L. Wille, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, Ohio, for Appellee. ON BRIEF: James A. Jenkins, Cleveland, Ohio, Henry J. Hilow, McGinty, Gibbons, Hilow & Spellacy, Cleveland, Ohio, for Appellant. Charles L. Wille, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, Ohio, for Appellee.

Before: MERRITT, DAUGHTREY, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.

MERRITT, J. (pp. 784-802), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Petitioner, Jeffrey D. Lundgren, an Ohio death row prisoner, appeals the November 14, 2001 order and judgment of the United States District Court for the Northern District of Ohio, denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254...

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