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JOHNSON v. COYLE

No. 97-4092.

200 F.3d 987 (2000)

Michael Jeffrey JOHNSON, Petitioner-Appellant, v. Ralph COYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 2000.

Rehearing and Rehearing Denied March 7, 2000.

Attorney(s) appearing for the Case

Linda E. Prucha (briefed), Luz V. Lopez-Ortiz (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.

Michael L. Collyer (argued and briefed), Office of the Attorney General of Ohio, Cleveland, Ohio, for Appellee.

Before: JONES, NELSON, and BOGGS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 7, 2000.

OPINION

BOGGS, Circuit Judge.

An Ohio state-court jury convicted Michael Johnson of two counts of aggravated murder, each with a capital specification, for the death of his sister, Susan Brunst. One capital specification alleged that Johnson killed Brunst with prior calculation and design; the other alleged that he killed her in the course of a kidnapping or rape. The jury convicted Johnson on...

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