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LOPEZ v. WILSON

No. 01-3875.

355 F.3d 931 (2004)

Fernando LOPEZ, Petitioner-Appellant, v. Julius WILSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 15, 2004.

Attorney(s) appearing for the Case

Robert D. Little (argued and briefed), Law Office of Robert Little, Maplewood, New Jersey, for Appellant.

Douglas R. Cole (argued), Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, COLE, and ROGERS, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which ROGERS, J., joined. COLE, J. (p. 942), delivered a separate opinion concurring in the judgment.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

Under Rule 26(B) of the Ohio Rules of Appellate Procedure, an Ohio defendant seeking to file an ineffective assistance of appellate counsel claim must file an application to reopen in the state court of appeals where the appeal...

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