LINSCOTT v. ROSE

No. 04-3474.

436 F.3d 587 (2006)

Kenneth D. LINSCOTT, Petitioner-Appellant, v. Norman ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 3, 2006.


Attorney(s) appearing for the Case

ON BRIEF: Nathan A. Ray, Akron, OH, for Appellant. Thelma Thomas Price, Office of the Attorney General Corrections Litigation Section, Columbus, OH, for Appellee.

Before CLAY, GIBBONS, and GRIFFIN, Circuit Judges.


OPINION

GIBBONS, Circuit Judge.

Kenneth D. Linscott, an Ohio state prisoner convicted of two counts of gross sexual imposition, appeals the district court decision denying his petition for a writ of habeas corpus. Linscott's habeas petition challenges the use of a court-ordered, pretrial psychiatric evaluation at sentencing. Linscott claims the use of the psychiatric evaluation violated his Fifth Amendment privilege against self-incrimination. The district...

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