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POINDEXTER v. MITCHELL

Nos. 01-3250/3300.

454 F.3d 564 (2006)

Dewaine POINDEXTER, Petitioner-Appellee/Cross-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Jennifer M. Kinsley, Sirkin, Pinales & Schwartz, Cincinnati, Ohio, for Appellee. ON BRIEF: Charles L. Wille, Heather L. Gosselin, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Jennifer M. Kinsley, H. Louis Sirkin, Sirkin, Pinales & Schwartz, Cincinnati, Ohio, Gary Russell Lewis, Gary R. Lewis Company, Cincinnati, Ohio, for Appellee.

Before: BOGGS, Chief Judge; SUHRHEINRICH and DAUGHTREY, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court. BOGGS, C.J. (pp. 587-89), delivered a separate concurring opinion, in which SUHRHEINRICH, J., joined, with SUHRHEINRICH, J. (p. 589), and DAUGHTREY, J. (pp. 589-90), also delivering separate concurring opinions.

OPINION

SUHRHEINRICH, Circuit Judge.

In this death penalty case, Respondent Betty Mitchell, Warden, appeals the district court's grant of habeas corpus under 28 U.S.C. § 2254 on the...

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