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APANOVITCH v. HOUK

No. 94-3117

466 F.3d 460 (2006)

ANTHONY APANOVITCH, PETITIONER-APPELLANT, v. MARC C. HOUK, WARDEN, RESPONDENT-APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 19, 2006.

Attorney(s) appearing for the Case

ARGUED: Dale A. Baich, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF ARIZONA, Phoenix, Arizona, for Appellant.

Michael L. Collyer, OFFICE OF THE ATTORNEY GENERAL, Cleveland, Ohio, for Appellee.

ON BRIEF: Dale A. Baich, Jon M. Sands, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF ARIZONA, Phoenix, Arizona, Mark R. DeVan, BERKMAN, GORDON, MURRAY & DeVAN, Cleveland, Ohio, for Appellant.

Michael L. Collyer, OFFICE OF THE ATTORNEY GENERAL, Cleveland, Ohio, for Appellee.

Before: BOGGS, Chief Judge; and DAUGHTREY and MOORE, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

BOGGS, Chief Judge.

Mary Anne Flynn was found murdered and raped in her Cleveland home in August 1984. Four months later, a Cleveland jury convicted Anthony Apanovitch for aggravated murder, aggravated burglary, and two counts of rape, and the Cuyahoga County Court of Common Pleas sentenced him to death and to 45-75 years of imprisonment. Following a tortured procedural history involving parallel state and...

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