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BASTON v. BAGLEY

No. 03-4423.

420 F.3d 632 (2005)

Johnnie BASTON, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Kyle E. Timken, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Timothy D. Prichard, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Kyle E. Timken, Pamela Prude-Smithers, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Henry G. Appel, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: BOGGS, Chief Judge; and MERRITT and ROGERS, Circuit Judges.

BOGGS, C. J., delivered the opinion of the court, in which ROGERS, J., joined.

MERRITT, J. (pp. 638-641), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Johnnie Baston was sentenced to death for the robbery and murder of Chong Mah. He now appeals from the district court's denial of his petition for a writ of habeas corpus. Baston argues that the sentencing court considered improper aggravating factors and failed to consider...

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