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BAILEY v. MITCHELL

No. 00-3106.

271 F.3d 652 (2001)

Calvin BAILEY, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 13, 2001.

Rehearing Denied November 30, 2001.

Attorney(s) appearing for the Case

John Fenlon (briefed), Alison M. Clark (argued), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellant.

Calvin L. Bailey (briefed), Mansfield, OH, pro se.

Jonathan R. Fulkerson (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; BERTELSMAN, District Judge.

OPINION

BERTELSMAN, District Judge.

In this appeal, Calvin Bailey seeks reversal of the district court's denial of his petition for a writ of habeas corpus. Bailey contends that he was deprived of his rights under the Confrontation Clause1 when the trial court permitted use of videotaped depositions at trial without first finding the witnesses unavailable. Because we find Bailey admitted...

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