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DAVIS v. MITCHELL

No. 00-4193.

318 F.3d 682 (2003)

Wiley DAVIS, Jr., Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2003.

Attorney(s) appearing for the Case

Laurence E. Komp (argued and briefed), Baldwin, MO, John Patrick Parker (briefed), Cleveland, OH, for Appellant.

Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellee.

Before MERRITT, BOGGS, and MOORE, Circuit Judges.

MERRITT, Judge, delivered the opinion of the court, in which MOORE, Judge, joined. BOGGS, Judge (pp. 691-97), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

Immediately following the trial court's instruction regarding mitigating circumstances, the trial judge in this death penalty case from Ohio gave the jury a unanimity instruction, stating, "Now, as you know, since this is a criminal case, the law requires that in order...

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