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GILES v. SCHOTTEN

No. 04-3708.

449 F.3d 698 (2006)

Earl GILES, Petitioner-Appellant, v. James SCHOTTEN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2006.

Attorney(s) appearing for the Case

ARGUED: William T. Doyle, Cleveland, Ohio, for Appellant. M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: William T. Doyle, Cleveland, Ohio, for Appellant. J. Joseph Bodine, Jr., Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: CLAY and GIBBONS, Circuit Judges; STEEH, District Judge.

GIBBONS, J., delivered the opinion of the court, in which STEEH, D.J., joined. CLAY, J. (pp. 706-709), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

On May 17, 1993, Earl Giles was convicted on one count of felonious sexual penetration in violation of Ohio Revised Code § 2907.12 and one count of gross sexual imposition in violation of Ohio Revised Code § 2907.05. The conviction was upheld by the state...

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