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WILLIAMS v. COYLE

No. 98-3793.

260 F.3d 684 (2001)

Lewis WILLIAMS, Jr., Petitioner-Appellant, v. Ralph COYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2001.

Attorney(s) appearing for the Case

ARGUED: John B. Gibbons (argued), Cleveland, Ohio, Paul R. Donohue (briefed), Law Offices of Paul C. Donohue, Westlake, OH, for Petitioner-Appellant.

Michael L. Collyer (argued and briefed), OFFICE OF THE ATTORNEY GENERAL OF OHIO, Cleveland, Jon W. Oebker, Capital Crimes Section, Office of Attorney General of Ohio, Cleveland, Ohio, for Respondent-Appellee.

ON BRIEF: Paul R. Donohue, LAW OFFICES OF PAUL C. DONOHUE, Westlake, Ohio, for Appellant.

Michael L. Collyer, OFFICE OF THE ATTORNEY GENERAL OF OHIO, Cleveland, Ohio, for Appellee.

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

Pursuant to Sixth Circuit Rule 206.

KENNEDY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MOORE, J. (pp. 708-722), delivered a separate dissenting opinion.

OPINION

KENNEDY, Circuit Judge.

Petitioner, Lewis Williams, Jr., was indicted and convicted of first degree murder, and sentenced to death. After unsuccessful direct appeals and several state post-conviction proceedings, Williams filed this petition for a...

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