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MAPES v. COYLE

Nos. 96-4189, 96-4196.

171 F.3d 408 (1999)

David A. MAPES, Petitioner-Appellee/Cross-Appellant, v. Ralph COYLE, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 24, 1999.

Rehearing and Rehearing Denied April 30, 1999.

Attorney(s) appearing for the Case

Harry R. Reinhart (argued and briefed), Reinhart Law Office, Carol Wright (briefed), Columbus, Ohio for Petitioner-Appellee/Cross-Appellant.

Stuart A. Cole, Asst. Attorney Gen. (argued and briefed), Matthew J. Lampke, Office of the Attorney General of Ohio, Capital Crimes Section, Columbus, Ohio, for Respondent-Appellant/Cross-Appellee.

Before: RYAN, SILER, and DAUGHTREY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 30, 1999.

RYAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. SILER, J. (pp. 429-31), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RYAN, Circuit Judge.

Warden Ralph Coyle appeals from the recommendation by a federal magistrate judge, adopted by the district court, that a conditional writ of habeas corpus should issue barring Ohio...

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