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SPIRKO v. MITCHELL

No. 00-4385.

368 F.3d 603 (2004)

John G. SPIRKO, Jr., Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2004.

Attorney(s) appearing for the Case

Thomas C. Hill (argued and briefed), Shaw Pittman, Washington, DC, John J. Callahan (briefed), McHugh, DeNune & McCarthy, Sylvania, 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 BATCHELDER, DAUGHTREY, and GILMAN, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. GILMAN, J. (pp. 614-18), delivered a separate dissenting opinion.

OPINION

BATCHELDER, Circuit Judge.

John G. Spirko appeals the order of the district court denying his petition for a writ of habeas corpus. An Ohio jury found Spirko guilty of aggravated murder with specifications and recommended that he be sentenced to death. The state trial court accepted that recommendation...

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