HINKLE v. RANDLE

Nos. 00-3506, 00-3889.

271 F.3d 239 (2001)

James H. HINKLE, Petitioner-Appellee/Cross-Appellant, v. Michael RANDLE, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 11, 2001.


Attorney(s) appearing for the Case

David H. Bodiker, John Fenlon (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellee/Cross-Appellant.

M. Scott Criss (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellant/Cross-Appellee.

Before: KEITH, BATCHELDER, and MOORE, Circuit Judges.


OPINION

BATCHELDER, Circuit Judge.

Pursuant to 28 U.S.C. § 2254, Petitioner filed an application for a writ of habeas corpus on the grounds that the prosecutor committed misconduct during closing arguments to the jury and that his counsel's performance was constitutionally ineffective because he failed to object during the prosecutor's closing argument. Finding merit to the prosecutorial misconduct claim, the district court granted the writ on the condition...

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