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MASON v. MITCHELL

No. 00-3765.

320 F.3d 604 (2003)

Maurice A. MASON, Petitioner-Appellant, v. Betty MITCHELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 6, 2003.

Attorney(s) appearing for the Case

David C. Stebbins (argued and briefed), Carol Wright (briefed), Columbus, Ohio, for Appellant.

Matthew C. Hellman (argued and briefed), Charles L. Wille (briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, Ohio, for Appellee.

Before BOGGS, MOORE, and CLAY, Circuit Judges.

MOORE, Judge, delivered the opinion of the court, in which CLAY, Judge, joined. BOGGS, Judge (pp. 642-646), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

Petitioner-Appellant Maurice Allen Mason ("Mason") was convicted by an Ohio jury of aggravated felony murder, rape, and having a weapon while under disability; he was also found guilty of the death-penalty specification of committing murder in the course of a rape and further...

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