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HICKS v. TAFT

No. 05-4489.

431 F.3d 916 (2005)

John R. HICKS, Plaintiff-Intervenor-Appellant, v. Robert TAFT, Governor, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2005.

Attorney(s) appearing for the Case

Marc D. Mezibov, Christian A. Jenkins, Mezibov & Jenkins, Cincinnati, OH, for Plaintiff-Intervenor-Appellant.

Charles L. Wille, Heather L. Gosselin, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Defendants-Appellees.

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

OPINION

SILER, Circuit Judge.

This case comes to us on an emergency motion for a stay of execution pending appeal, filed on November 23, 2005. We have, by separate order, denied the request for an order staying execution by lethal injection.

We previously denied the writ of habeas corpus in Hicks v. Collins, 384 F.3d 204 (6th Cir.2004), cert. denied, ___ U.S. ___, 125 S.Ct. 2260, 161 L.Ed.2d 1066 (2005...

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