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GILLARD v. MITCHELL

Nos. 03-4261, 03-4322.

445 F.3d 883 (2006)

John GILLARD, Petitioner-Appellee/Cross-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 26, 2006.

Attorney(s) appearing for the Case

ARGUED: Heather L. Gosselin, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Edmund W. Searby, Scott & Scott, Chagrin Falls, Ohio, for Appellee. ON BRIEF: Heather L. Gosselin, Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Edmund W. Searby, Scott & Scott, Chagrin Falls, Ohio, Randall L. Porter, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

Before: SILER, DAUGHTREY, and SUTTON, Circuit Judges.

OPINION

SILER, Circuit Judge.

Betty Mitchell (the "Warden") appeals from the district court's order granting in part John Gillard's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Gillard, an Ohio prisoner under a death sentence, cross-appeals from the district court's denial in part of his petition. The district court granted Gillard habeas relief on two issues: his trial counsel labored under a conflict of interest and the cumulation...

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