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MARTIN v. MITCHELL

Nos. 00-3357, 00-3359.

280 F.3d 594 (2002)

Ernest MARTIN, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2002.

Rehearing and Rehearing Denied: March 28, 2002.

Attorney(s) appearing for the Case

J. Joseph Bodine, Jr., Timothy R. Payne (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, Kyle E. Timken (briefed), Ohio Public Defender's Office, Columbus, OH, for Petitioner-Appellant in Nos. 00-3357, 00-3359.

Ernest Martin (briefed), Mansfield Correctional Institute, Mansfield, OH, pro se in Nos. 00-3357, 00-3359.

Jon W. Oebker (briefed), Heather L. Gosselin, Norman E. Plate (argued), Office of the Attorney General of Ohio, Capital Crimes Section, Columbus, OH, for Respondents-Appellees in Nos. 00-3357, 00-3359.

Before: NORRIS, SILER, and DAUGHTREY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 28, 2002.

OPINION

SILER, Circuit Judge.

Petitioner Ernest Martin, an Ohio death row inmate, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254(a). The respondent warden will be referred to as the "State." This court granted Martin's application for a certificate of appealability ("COA"), allowing review of his claims of prosecutorial...

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