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FRANKLIN v. FRANCIS

No. C1-98-136.

36 F.Supp.2d 1008 (1999)

Jennie FRANKLIN, birth mother, and Elaine Quigley, sister, as next friends for Wilford Lee Berry, Petitioners, v. Rodney L. FRANCIS, Warden — Corrections Medical Center, Respondent.

United States District Court, S.D. Ohio, Eastern Division.

January 29, 1999.

Attorney(s) appearing for the Case

J. Joseph Bodine, Jr., Jonathan W. Woodman, Laurence E. Komp, Ohio Public Defender Com'n, Columbus, OH, Randall Lee Porter, State Public Defender Office, Fed. Death Penalty Resource, Columbus, OH, for Wilford Lee Berry, Jennie Franklin, Elaine Quigley.

Simon Barry Karas, Bradley Davis Barbin, Ohio Atty. General, Columbus, OH, for Rodney L. Francis.

OPINION & ORDER

MARBLEY, District Judge.

This cause comes before the Court on Petitioners' Motion to Alter or Amend Judgment based on ostensibly new evidence of Wilford Lee Berry's incompetence. Because this Court does not have jurisdiction to entertain this claim, the Motion must be DENIED.

I. Procedural History

On July 3, 1990, a jury found Wilford Lee Berry guilty of aggravated murder, aggravated robbery...

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