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WILLIAMS v. ANDERSON

Nos. 04-3515, 04-3585.

460 F.3d 789 (2006)

Donald WILLIAMS, Petitioner-Appellee/Cross-Appellant, v. Carl S. ANDERSON, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew C. Hellman, Office of the Attorney General, Columbus, Ohio, for Appellant. Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellee. ON BRIEF: Heather L. Gosselin, Office of the Attorney General, Columbus, Ohio, Daniel R. Ranke, Office of the Attorney General, Cleveland, Ohio, for Appellant. Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, John B. Gibbons, Cleveland, Ohio, for Appellee.

Before: SILER, MOORE, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined.

SILER, J. (pp. 817-818), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Respondent, Carl S. Anderson, a warden in the State of Ohio, appeals a judgment of the United States District Court for the Northern District of Ohio, granting Petitioner, Donald Williams, a conditional writ of habeas corpus and vacating Petitioner's death sentence. Petitioner...

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