CLINKSCALE v. CARTER

No. 02-4219.

375 F.3d 430 (2004)

David B. CLINKSCALE, Petitioner-Appellant, v. Harold E. CARTER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 8, 2004.

Rehearing Denied September 17, 2004.


Attorney(s) appearing for the Case

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

M. Scott Criss, Office of the Attorney General (argued and briefed), Columbus, OH, for Appellee.

Before MARTIN and MOORE, Circuit Judges; McKEAGUE, District Judge.


Rehearing En Banc Denied September 17, 2004.

MARTIN, J., delivered the opinion of the court, in which MOORE, J., joined. McKEAGUE, D.J. (pp. 446-51), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

David B. Clinkscale, an Ohio prisoner, appeals the district court's denial of his petition for a writ of habeas corpus. For the reasons stated below, we REVERSE the district court...

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