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DEITZ v. MONEY

No. 03-3431.

391 F.3d 804 (2004)

Rafael DEITZ, Petitioner-Appellant, v. Christine MONEY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 13, 2004.

Attorney(s) appearing for the Case

Alan C. Rossman, Cleveland, Ohio, for Appellant.

Bruce D. Horrigan, Corrections Litigation Section, Cleveland, Ohio, for Appellee.

Francis R. Krajenke, Jr., Cleveland, Ohio, for Amicus Curiae.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

Rafael Deitz filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the constitutionality of his 1997 conviction for drug trafficking. His petition was denied by the district court. The primary issue on appeal is whether Deitz's claim that he was denied the effective assistance of counsel is procedurally defaulted and therefore not reviewable. For...

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