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SCOTT v. MITCHELL

Nos. 98-4272, 98-4321.

209 F.3d 854 (2000)

Jay D. SCOTT. Petitioner-Appellee/Cross-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 19, 2000.

Attorney(s) appearing for the Case

John S. Pyle (argued and briefed), Gold, Schwartz & Co., Cleveland, OH, Timothy F. Sweeney (argued and briefed), Law Office of Timothy Farrell Sweeney, Cleveland, OH, for Petitioner-Appellee Cross-Appellant.

Stuart A. Cole (argued and briefed), Asst. Attorney Gen., Jonathan R. Fulkerson (briefed), Office of the Attorney General of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellant Cross-Appellee.

Before: BOGGS, SILER, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

Respondent Betty Mitchell ("the Warden") appeals the district court's grant of a writ of habeas corpus under 28 U.S.C. § 2254 to Ohio death row inmate Jay D. Scott. The district court granted the writ on the basis of only one of the grounds raised in his petition, finding all of the other grounds either defaulted or meritless. Scott cross-appeals the court's rejection of his remaining arguments. After having the benefit...

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