CASTLEBERRY v. BRIGANO

No. 02-3433.

349 F.3d 286 (2003)

Wyman Castleberry, Petitioner-Appellant, v. Anthony J. Brigano, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 12, 2003.

Petition for Rehearing Denied: February 25, 2004.


Attorney(s) appearing for the Case

ARGUED: Stephen P. Hardwick, PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellant.

M. Scott Criss, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

ON BRIEF: Stephen P. Hardwick, PUBLIC DEFENDER'S OFFICE, Columbus, Ohio, for Appellant.

M. Scott Criss, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

Before: DAUGHTREY and GILMAN, Circuit Judges; HAYNES, District Judge.


Pursuant to Sixth Circuit Rule 206

Petition for Rehearing Denied En Banc: February 25, 2004.

OPINION

GILMAN, Circuit Judge.

Wyman Castleberry was convicted in an Ohio state court of aggravated murder and aggravated robbery. After exhausting his state court remedies, Castleberry petitioned the district court for a writ of habeas corpus. He argued that the prosecution withheld the following evidence in violation of Brady v. Maryland,

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