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ZUERN v. TATE

Nos. 00-3526, 00-3543.

336 F.3d 478 (2003)

William G. ZUERN, Petitioner-Appellee/Cross-Appellant, v. Arthur TATE, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 17, 2003.

Attorney(s) appearing for the Case

Lawrence J. Greger (argued and briefed), Dayton, OH, Kathleen A. McGarry (briefed), Glorieta, NM, for Petitioner-Appellee Cross-Appellant.

Timothy D. Prichard (briefed), Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellant Cross-Appellee.

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

OPINION

SILER, Circuit Judge.

Arthur Tate, Warden, appeals the district court's grant of a writ of habeas corpus to Petitioner William G. Zuern on the basis of a Brady violation. Zuern appeals the district court's denial of habeas corpus based on his claims of insufficiency of the evidence, prejudicial conduct by a witness, and juror misconduct. For the reasons stated below, we REVERSE the district court's grant of habeas corpus on the...

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