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CALVERT v. WILSON

No. 00-3713.

288 F.3d 823 (2002)

Vincent L. CALVERT, Petitioner-Appellant, v. Julius WILSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 24, 2002.

Attorney(s) appearing for the Case

David H. Bodiker (briefed), Siobhan R. O'Keeffe (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellant.

Stuart A. Cole, Asst. Attorney General (argued), Todd R. Marti, Stuart W. Harris, Office of the Attorney General Corrections Litigation Section, Columbus, OH, for Respondent-Appellee.

Before SILER and COLE, Circuit Judges; STAFFORD, District Judge.

OPINION

STAFFORD, District Judge.

Petitioner, Vincent L. Calvert ("Calvert"), appeals the denial of his petition for writ of habeas corpus by a person in state custody. We reverse.

I. THE EVIDENCE

In February of 1996, the grand jury of Guernsey County, Ohio, returned an indictment charging Calvert and Erwin Mallory ("Mallory") with one count of aggravated robbery and one count of aggravated murder with a death penalty specification. Although...

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