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NORRIS v. SCHOTTEN

No. 96-3553.

146 F.3d 314 (1998)

Robert Lee NORRIS, Petitioner-Appellant, v. James SCHOTTEN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1998.

Attorney(s) appearing for the Case

Timothy A. Smith (argued and briefed), Cincinnati, OH, for Petitioner-Appellant.

Michael L. Collyer (argued and briefed), Office of the Attorney General of Ohio, Capital Crimes Section, Cleveland, OH, for Respondent-Appellee.

Before: MERRITT, MOORE, and BRIGHT, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which MERRITT, J., joined. BRIGHT, J. (p. 336), delivered a separate concurring opinion.

MOORE, Circuit Judge.

In September 1992, petitioner-appellant Robert Lee Norris was convicted in the state of Ohio of two counts of rape and one count of kidnapping. Norris now appeals the district court's denial of his petition for a writ of habeas corpus to overturn two of the three convictions on one count of rape and...

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