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PATTERSON v. HASKINS

No. 04-3280.

470 F.3d 645 (2006)

Eric Scott PATTERSON, Petitioner-Appellant, v. Thomas B. HASKINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2006.

Attorney(s) appearing for the Case

ARGUED: Dennis C. Belli, Columbus, Ohio, for Appellant. Bruce D. Horrigan, Assistant Attorney General, Corrections Litigation Section, Cleveland, Ohio, for Appellee.

ON BRIEF: Dennis C. Belli, Columbus, Ohio, for Appellant.

Bruce D. Horrigan, Assistant Attorney General, Corrections Litigation Section, Cleveland, Ohio, for Appellee.

Before MOORE and GILMAN, Circuit Judges; ROSEN, District Judge.

GILMAN, J., delivered the opinion of the court, in which MOORE, J., joined. ROSEN, D.J., (pp. 669-75), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

RONALD LEE GILMAN, Circuit Judge.

In 2003, this court granted Eric Scott Patterson a conditional writ of habeas corpus on the ground that the state trial court had omitted from its jury instructions a key element in defining the offense of involuntary manslaughter...

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