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TURNER v. BAGLEY

No. 03-3130.

401 F.3d 718 (2005)

Victor TURNER, Petitioner-Appellant, v. Margaret BAGLEY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Shay Dvoretzky, Jones Day, New York, New York, for Appellant. Diane R. Brey, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Shay Dvoretzky, Jones Day, New York, New York, Sandra J. Finucane, Derek A. Farmer & Associates, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: GUY and COLE, Circuit Judges; TARNOW, District Judge.

OPINION

TARNOW, District Judge.

Victor Turner appeals from the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254. Turner argues that the exhaustion requirement of 28 U.S.C. § 2254(b)(1)(A) should be excused due to the failure of his state-appointed attorneys and the Ohio State Court of Appeals to adjudicate his direct appeal for more than eight years following his conviction. The respondent State of Ohio argues...

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