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MOORE v. TATE

No. 88-3808.

882 F.2d 1107 (1989)

James MOORE, Petitioner-Appellee, v. Arthur TATE, Jr., Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1989.

Rehearing and Rehearing Denied October 10, 1989.

Attorney(s) appearing for the Case

Gwendolyn R. Bowers (argued), Dayton, Ohio, for James Moore.

Stuart A. Cole, Asst. Atty. Gen. (argued), Columbus, Ohio, for Arthur Tate, Jr., Supt.

Mathias H. Heck, Carley J. Ingram, Dayton, Ohio, for State of Ohio, amicus curiae.

Before KENNEDY and JONES, Circuit Judges, and SILER, District Judge.

Rehearing and Rehearing En Banc Denied October 10, 1989.

PER CURIAM.

Respondent appeals from the district court's grant of a writ of habeas corpus under 28 U.S.C. § 2254 (1982). Respondent contends that the district court erred in concluding that the state trial court's exclusion of certain expert testimony violated petitioner's due process rights. After careful consideration, we find that petitioner was not...

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