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STAPLETON v. WOLFE

No. 01-3184.

288 F.3d 863 (2002)

Peter M. STAPLETON, Petitioner-Appellant, v. Jeffrey A. WOLFE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 22, 2002.

Attorney(s) appearing for the Case

David H. Bodiker, Theresa G. Haire (argued and broefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellant.

Mark Joseph Zemba (argued and briefed), Office of the Attorney General of Ohio Corrections Litigation Section, Cleveland, OH, Karen E. Carter, Office of the Attorney General, Cincinnati, OH, for Respondent-Appellee.

Before BOYCE F. MARTIN, Jr., Chief Judge; BOGGS and DAUGHTREY, Circuit Judges.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

Peter M. Stapleton, an Ohio state prisoner, filed a petition in the district court for a writ of habeas corpus, based on the determination by the Ohio Court of Appeals that the improper admission of a non-testifying accomplice's statements was harmless error. The district court denied Stapleton's petition but issued a certificate of appealability. Because the decision of the Ohio Court of Appeals is contrary to...

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