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POWELL v. COLLINS

No. 98-4053.

332 F.3d 376 (2003)

Tony M. POWELL, Petitioner-Appellant, v. Terry COLLINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 7, 2003.

Supplemental Order Filed June 17, 2003.

Attorney(s) appearing for the Case

James V. Schuster (briefed), Taft, Stettinius & Hollister, Cincinnati, OH, Mark A. Vander Laan (argued and briefed), Dinsmore & Shohl, Cincinnati, OH, William S. Lazarow (briefed), Public Defender's Office, Ohio Public Defender Com'n, for Petitioner-Appellant.

Michael L. Bachman, Office of Attorney General, Federal Litigation Section, Claude N. Crowe, Office of Attorney General, Cincinnati, OH, Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.

Before DAUGHTREY, CLAY, and GILMAN, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which GILMAN, J., joined. DAUGHTREY, J. (pp. 402-405), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioner, Tony M. Powell, appeals from the district court's order denying his motion for reconsideration of the court's judgment denying Petitioner's motion for an evidentiary hearing and discovery as...

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