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TYLER v. MITCHELL

No. 02-3896.

416 F.3d 500 (2005)

Arthur TYLER, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2005.

Attorney(s) appearing for the Case

Richard M. Kerger, Kerger & Kerger, Toledo, Ohio, for Appellant.

Michael L. Collyer, United States Attorney, Cleveland, Ohio, for Appellee.

Richard M. Kerger, Kerger & Kerger, Toledo, Ohio, Charles M. Boss, Boss & Vitou Co., Maumee, Ohio, for Appellant.

Michael L. Collyer, United States Attorney, Cleveland, Ohio, Daniel R. Ranke, Office of the Attorney General, Cleveland, Ohio, for Appellee.

Before: GIBBONS, ROGERS, and SUTTON, Circuit Judges.

OPINION

GIBBONS, Circuit Judge.

Petitioner Arthur Tyler was convicted by an Ohio jury of aggravated murder in 1983 and was sentenced to death. Tyler sought a writ of habeas corpus in federal district court, but the district court denied his petition in its entirety. The district court granted a certificate of appealability on two issues: (1) whether Tyler's waiver of mitigation evidence (other than his own unsworn statement) was constitutionally valid; and...

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