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LOWE v. SWANSON

No. 09-3942.

663 F.3d 258 (2011)

Paul D. LOWE, Petitioner-Appellant, v. Stark County Sheriff, Timothy A. SWANSON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 8, 2011.

Attorney(s) appearing for the Case

ARGUED: J. Dean Carro , University of Akron School of Law, Akron, Ohio, for Appellant. Ross A. Rhodes , Stark County Prosecutor's Office, Canton, Ohio, for Appellee. ON BRIEF: J. Dean Carro , University of Akron School of Law, Akron, Ohio, for Appellant. Ross A. Rhodes , Stark County Prosecutor's Office, Canton, Ohio, for Appellee.

Before: KEITH, GRIFFIN, and STRANCH, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Petitioner Paul Lowe appeals the district court's denial of his petition for a writ of habeas corpus, arguing that the Ohio Supreme Court unreasonably applied federal law as clearly established by the Supreme Court in Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), when it upheld his incest conviction for engaging in sexual conduct with his stepdaughter. We disagree...

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