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HARGROVE v. BRIGANO

No. 01-3095.

300 F.3d 717 (2002)

Judah HARGROVE, Petitioner-Appellee, v. Anthony J. BRIGANO, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2002.

Attorney(s) appearing for the Case

David H. Bodiker (argued), Christa M. Hohmann (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellee.

M. Scott Criss (argued and briefed), Office of the Atty. Gen., Corrections Litigation Section, Columbus, OH, for Respondent-Appellant.

Before COLE and GILMAN, Circuit Judges; MILLS, District Judge.

OPINION

RICHARD MILLS, District Judge.

I. BACKGROUND

On January 28, 2000, Judah Hargrove filed a petition for a writ of habeas corpus, asserting that there was constitutionally insufficient evidence to sustain his conviction for aggravated burglary. Warden Anthony Brigano filed a motion to dismiss, asserting that Hargrove's claim was not exhausted.

The magistrate judge recommended that the petition be dismissed because Hargrove had not...

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