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SMITH v. STATE OF OHIO DEPT. OF REHAB.

No. 04-4280.

463 F.3d 426 (2006)

Scott M. SMITH, Petitioner-Appellant, v. STATE OF OHIO DEPARTMENT OF REHABILITATION AND CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Stuart A. Cole, Office of the Attorney General, Columbus, Ohio, for Appellee. Scott M. Smith, Mansfield, Ohio, pro se.

Before: MOORE, GRIFFIN, and CUDAHY, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner-Appellant Scott M. Smith filed a petition for habeas corpus raising claims of double jeopardy and insufficient evidence. The district court denied Smith's petition on the ground that Smith could have pursued further remedies through the Ohio courts but lost that opportunity by failing to comply with the state procedural rules regarding the timing of filing an appeal to the Ohio Supreme Court. The district...

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