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SCOTT v. MITCHELL

No. 01-3511.

250 F.3d 1011 (2001)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 15, 2001.

Rehearing and Suggestion for Rehearing Denied May 30, 2001

Attorney(s) appearing for the Case

ON BRIEF: Timothy F. Sweeney, Cleveland, Ohio, John S. Pyle, GOLD, ROTATORI, SCHWARTZ & GIBBONS, Cleveland, Ohio, for Appellant.

David M. Gormley, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Columbus, Ohio, Stuart A. Cole, ASSISTANT ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Timothy F. Sweeney (briefed), John S. Pyle (briefed), Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, for Appellant.

James V. Canepa, David M. Gormley (briefed), Office of the Attorney General of Ohio, Stuart A. Cole, Assistant Attorney General (briefed), Columbus, OH, for Appellee.

Before BOGGS, SILER, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 30, 2001

Pursuant to Sixth Circuit Rule 206

OPINION

ALICE M. BATCHELDER, Circuit Judge.

This matter is before us on petitioner Jay D. Scott's motion for a stay of his execution, scheduled for 9:00 p.m. on this date, and on Scott's appeal from the district court's denial of his supplemental petition for habeas corpus. The district court denied Scott's supplemental petition because it...

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