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GILLIAM v. MITCHELL

No. 97-3426.

179 F.3d 990 (1999)

Edward GILLIAM, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1999.

Attorney(s) appearing for the Case

Jill E. Stone (argued and briefed), David H. Bodiker, Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellant.

Jonathan R. Fulkerson (argued and briefed), Office of the Attorney General of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.

Before: MERRITT, NORRIS, and GILMAN, Circuit Judges.

ALAN E. NORRIS, J., delivered the opinion of the court, in which MERRITT, J., joined. GILMAN, J. (pp. 995-96), delivered a separate concurring opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

Ohio prisoner Edward Gilliam appeals from the denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. In 1991, petitioner was convicted following a bench trial for his part in the armed robbery of a drive-through store located...

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