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GLENN v. TATE

No. 93-3568.

71 F.3d 1204 (1995)

John GLENN, Petitioner-Appellant, v. Arthur TATE, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1995.

Rehearing and Suggestion for Rehearing Denied February 26, 1996.

Attorney(s) appearing for the Case

William S. Lazarow, Jane P. Perry (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellant.

Donald G. Keyser, Asst. Attorney Gen. (argued and briefed), Office of the Attorney General of Ohio, Columbus, OH, for Respondent-Appellee.

Before: GUY, NELSON, and SILER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 26, 1996.

NELSON, J., delivered the opinion of the court, in which GUY, J., joined. SILER, J. (pp. 1212-14), delivered a separate opinion concurring in part and dissenting in part.

DAVID A. NELSON, Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus sought by an Ohio prisoner who is under a sentence of death, imposed on the recommendation of a jury, for aggravated...

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