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SLAGLE v. BAGLEY

No. 04-3490.

457 F.3d 501 (2006)

Billy SLAGLE, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Kelly L. Culshaw, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, Ohio, for Appellee. ON BRIEF: Kelly L. Culshaw, Joseph E. Wilhelm, Robert K. Lowe, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, Ohio, for Appellee.

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

ROGERS, J., delivered the opinion of the court, in which BOGGS, C.J., joined.

MOORE, J. (pp. 529-34), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Petitioner Billy Slagle, who was sentenced to death by an Ohio jury for the 1987 aggravated murder of Mari Anne Pope, appeals the judgment of the district court denying his petition for post-conviction relief brought pursuant to 28 U.S.C. § 2254. Slagle broke into...

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