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McMEANS v. BRIGANO

No. 98-4096.

228 F.3d 674 (2000)

Jerry McMEANS, Petitioner-Appellant, v. Anthony J. BRIGANO, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2000.

Attorney(s) appearing for the Case

William R. Gallagher (argued and briefed), Cincinnati, Ohio, for Petitioner-Appellant.

Stuart W. Harris (argued), Todd R. Marti (briefed), Office of the Attorney General, Columbus, Ohio, for Respondent-Appellee.

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

RYAN, J., delivered the opinion of the court, in which SILER, J., joined. CLAY, J. (pp. 687-89), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RYAN, Circuit Judge.

Before us is the appeal from the district court's order dismissing the habeas petition of Jerry McMeans, an Ohio prisoner convicted of raping his stepdaughter. McMeans asserts that the district court erred when it held that he had procedurally defaulted...

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