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DICENZI v. ROSE

No. 04-3571.

419 F.3d 493 (2005)

Alfred L. DICENZI, Petitioner-Appellant, v. Norman ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Carlos Warner, John T. Martin, Cleveland, Ohio, for Appellant. Stuart A. Cole, Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: MOORE and COLE, Circuit Judges; and WISEMAN, District Judge.

OPINION

COLE, Circuit Judge.

Petitioner-Appellant Alfred DiCenzi appeals the district court's dismissal of his habeas petition on the ground that the petition was not timely filed. Following a guilty plea to vehicular homicide, DiCenzi was given the maximum sentence under Ohio law, but claims he was never informed by either the trial court or his attorney that Ohio affords those sentenced to a maximum sentence a non-waivable right to a direct appeal of their...

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