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DICKERSON v. BAGLEY

No. 04-4277.

453 F.3d 690 (2006)

Frederick DICKERSON, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 7, 2006.

Attorney(s) appearing for the Case

ARGUED: David L. Doughten, Cleveland, Ohio, for Appellant. Anna Marie Franceschelli, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: David L. Doughten, Cleveland, Ohio, Jeffrey James Helmick, Gamso, Helmick & Hoolahan, Toledo, Ohio, for Appellant. Todd W. Newkirk, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: MERRITT, MARTIN, and SILER, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which MARTIN, J., joined.

SILER, J. (pp. 700-02), delivered a separate opinion concurring in part and dissenting in part.

MERRITT, Circuit Judge.

In a fit of anger and jealousy, the petitioner Dickerson shot and killed Kevin McCoy, his girlfriend's new lover. At the same time he shot and killed an innocent bystander at the scene, Nicole McClain, a young girl, who happened to be present in the apartment...

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