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CLARK v. MITCHELL

No. 01-4210.

425 F.3d 270 (2005)

Joseph Lewis CLARK, Petitioner-Appellant, v. Betty MITCHELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2005.

Attorney(s) appearing for the Case

ARGUED: George C. Pappas, Akron, Ohio, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: George C. Pappas, Akron, Ohio, Kerry O'Brien, Akron, Ohio, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: MERRITT, GILMAN, and ROGERS, Circuit Judges.

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

MERRITT, J. (pp. 290-96), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The petitioner, Joseph Clark, appeals the district court's denial of his petition for a writ of habeas corpus. An Ohio state court had sentenced Clark to death for the murder of a convenience store clerk, David Manning, during an armed robbery of the store. On appeal...

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