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COMBS v. COYLE

No. 97-4369.

205 F.3d 269 (2000)

Ronald Dean COMBS, Petitioner-Appellant, v. Ralph COYLE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 2000.

Rehearing Denied March 28, 2000.

Attorney(s) appearing for the Case

Jenny L. Klitch (briefed), Jones, Day, Reavis & Pogue, Columbus, OH, Linda E. Prucha (briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, Richard A. Chesley (argued and briefed), Jones, Day, Reavis & Pogue, Chicago, IL, for Petitioner-Appellant.

Stuart A. Cole (argued and briefed), Asst. Atty. Gen., Charles L. Wille, Jonathan R. Fulkerson (briefed), Office of the Attorney General of Ohio, Capitol Crimes Section, Columbus, OH, Michael L. Bachman, Office of the Attorney General, Federal Litigation Section, Cincinnati, OH, for Respondent-Appellee.

Before: NORRIS, DAUGHTREY, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. ALAN E. NORRIS, J. (p. 293), delivered a separate opinion concurring in part and dissenting in part and joined in the judgment.

OPINION

MOORE, Circuit Judge.

Petitioner-appellant Ronald Dean Combs was convicted by an Ohio jury of two counts of aggravated murder as well as a specification of an aggravating circumstance as to each count, and he was sentenced to death. Combs...

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