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ROBERTS v. CARTER

No. 01-3851.

337 F.3d 609 (2003)

Clarence D. ROBERTS, Petitioner-Appellant, v. Harold E. CARTER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 23, 2003.

Attorney(s) appearing for the Case

David H. Bodiker (briefed), James R. Foley (argued), Tina M. Falasca, Public Defender's Office, Ohio Public Defender Com'n, Columbus, OH, for Petitioner-Appellant.

Norman E. Plate (argued), Office of Attorney General, Corrections Litigation Section, Columbus, OH, Stuart W. Harris, (briefed), Kegler, Brown, Hill & Ritter, Columbus, OH, for Respondent-Appellee.

Before KENNEDY, SILER, and GILMAN, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Clarence Roberts was convicted of aggravated robbery and murder in the Court of Common Pleas for Guernsey County, Ohio. After unsuccessfully appealing his case in the Ohio state courts, Roberts filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Southern District of Ohio. The district court denied the writ. This Court granted Roberts a certificate of appealability...

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