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MITZEL v. TATE

No. 99-3992.

267 F.3d 524 (2001)

Robert MITZEL, Petitioner-Appellant, v. Arthur TATE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Thomas R. Wetterer, Jr., PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellant.

David H. Bodiker, Thomas R. Wetterer, Jr. (argued and briefed), Public Defender's Office, Columbus, OH, for petitioner-appellant.

Stuart W. Harris OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee. (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for respondent-appellee.

ON BRIEF: Thomas R. Wetterer, PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellant.

Stuart W. Harris, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

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

Pursuant to Sixth Circuit Rule 206

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner Appellant Robert Mitzel ("Mitzel" or "petitioner") appeals the district court's denial of his petition for a writ of habeas corpus. We granted a certificate of appealability ("COA") with respect to three issues:

1) whether the trial court improperly admitted into evidence statements made by Mitzel to police; 2) whether the trial court improperly...

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