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WHITE v. MITCHELL

No. 02-3073.

431 F.3d 517 (2005)

Maxwell D. WHITE, Jr., Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael J. Benza, Cleveland, Ohio, for Appellant. Henry G. Appel, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Michael J. Benza, Cleveland, Ohio, Alan C. Rossman, Cleveland, Ohio, for Appellant. Henry G. Appel, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: MERRITT, DAUGHTREY, and GIBBONS, Circuit Judges.

GIBBONS, J., delivered the opinion of the court, in which DAUGHTREY, J., joined.

MERRITT, J. (p. 543), delivered a separate concurring opinion.

OPINION

GIBBONS, Circuit Judge.

In 1996, an Ohio state jury convicted Maxwell D. White, Jr. of aggravated murder with two death penalty specifications, having a weapon while under a disability and abduction. White was sentenced to death. White sought a writ of habeas corpus in federal district court...

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