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HAMBLIN v. MITCHELL

No. 00-3663.

354 F.3d 482 (2003)

David HAMBLIN, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2003.

Attorney(s) appearing for the Case

David H. Bodiker, Linda E. Prucha (argued and briefed), Public Defender's Office, Ohio Public Defender Com'n, Columbus, OH, George C. Pappas (briefed), Akron, OH, for Appellant.

Michael L. Collyer (briefed), Office of the Attorney General of Ohio, Cleveland, OH, Jonathan R. Fulkerson, Timothy D. Prichard, Atty. General's Office of Ohio, Capital Crimes Section, Matthew C. Hellman (argued and briefed), for Appellee.

Before MERRITT, BATCHELDER, and GILMAN, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which GILMAN, J., joined. BATCHELDER, J. (pp. 496-97), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this death penalty case from Ohio tried in the state criminal court in Cleveland, the primary issue is whether counsel for the defendant provided an adequate defense under the Sixth Amendment as incorporated in the Due Process Clause. Fred Jurek was counsel for the defendant...

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