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FILIAGGI v. BAGLEY

No. 04-3513.

445 F.3d 851 (2006)

James J. FILIAGGI, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 14, 2006.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Gamso, Toledo, Ohio, for Appellant. Daniel R. Ranke, Office of the Attorney General, Capital Crimes Section, Cleveland, Ohio, for Appellee. ON BRIEF: Jeffrey M. Gamso, Toledo, Ohio, Spiros P. Cocoves, Toledo, Ohio, for Appellant. Daniel R. Ranke, Office of the Attorney General, Capital Crimes Section, Cleveland, Ohio, for Appellee.

Before: BATCHELDER, COLE, and GIBBONS, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which GIBBONS, J., joined.

COLE, J. (pp. 859-861), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Petitioner James J. Filiaggi, an Ohio death-row prisoner, appeals a district court order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court granted a certificate...

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