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FOX v. COYLE

No. 99-4523.

271 F.3d 658 (2001)

Richard E. FOX, Petitioner-Appellant, v. Ralph COYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 14, 2001.

Attorney(s) appearing for the Case

Richard A. Chesley (argued and briefed), Jones, Day, Reavis & Pogue, Chicago, IL, for Petitioner-Appellant.

Charles L. Wille (briefed), Ellen H. Weston (briefed), Karhlton F. Moore, Office of the Attorney General of Ohio, Columbus, OH, Henry G. Appel (argued), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.

Before: NORRIS, SUHRHEINRICH, and MOORE, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Richard E. Fox ("Fox") appeals from the district court's denial of his petition for a writ of habeas corpus in this Ohio death penalty case. This court granted a certificate of appealability as to two issues: (i) whether the Ohio courts erred by using a separate crime for which Fox was neither charged nor convicted as an aggravating circumstance in imposing the death penalty; and (ii) whether the Ohio courts erroneously...

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