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HICKS v. COLLINS

No. 01-3764.

384 F.3d 204 (2004)

John R. HICKS, Petitioner-Appellant, v. Terry COLLINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2004.

Attorney(s) appearing for the Case

Jarrod M. Mohler (briefed), Robbins, Kelly, Patterson & Tucker, Mark D. Mezibov (argued and briefed), Mezibov & Jenkins, Cincinnati, OH, for Petitioner-Appellant.

Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.

Before: SILER, DAUGHTREY, and CLAY, Circuit Judges.

OPINION

SILER, Circuit Judge.

Petitioner John R. Hicks was convicted after a trial by jury of two counts of aggravated murder, Ohio Revised Code (O.R.C.) § 2903.01(B), and one count of aggravated robbery, O.R.C. § 2911.01. He was sentenced to death. O.R.C. §§ 2929.04(A)(3), (A)(5), and (A)(7). After unsuccessful direct appeals and state post-conviction proceedings, Hicks filed a petition for a writ of habeas corpus in accordance with...

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