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DAVIE v. MITCHELL

No. 1:99CV2400.

291 F.Supp.2d 573 (2003)

Roderick DAVIE, Petitioner, v. Betty MITCHELL, Warden, Respondent.

United States District Court, N.D. Ohio, Western Division.

Order Denying Motion to Amend September 4, 2003.

Attorney(s) appearing for the Case

J. Joseph Bodine, Jr., Office of the Ohio Public Defender, Randall L. Porter, Office of the Public Defender, State of Ohio, Columbus, OH, Richard M. Kerger, Kerger & Kerger, Toledo, OH, for Roderick Davie, Petitioner.

Daniel R. Ranke, Office of the Attorney General, State of Ohio, Capital Crimes Section, Jon W. Oebker, Office of the Attorney General, State of Ohio, Cleveland, OH, Stephen E. Maher, Office of the Attorney General, State of Ohio, Capital Crimes Section, Stuart A. Cole, Office of the Attorney General, State of Ohio, Corrections Litigation Section, Columbus, OH, for Betty Mitchell, Respondent.

ORDER

CARR, District Judge.

This is a capital habeas corpus case in which the petitioner, convicted of the aggravated murder of two employees of a company in Warren, Ohio, where he had formerly been employed, the attempted aggravated murder of a third employee, and related crimes, claims that his conviction and capital sentence were prejudicially tainted by several errors of constitutional dimension.

For the reasons that follow, I conclude that the...

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