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DAVIS v. COYLE

No. 02-3227.

475 F.3d 761 (2007)

Von Clark DAVIS, Petitioner-Appellant, v. Ralph COYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 29, 2007.

Attorney(s) appearing for the Case

ARGUED: Alan M. Freedman, Midwest Center for Justice, Ltd., Evanston, Illinois, for Appellant. Michael L. Collyer, Office of the Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Alan M. Freedman, Midwest Center for Justice, Ltd., Evanston, Illinois, Laurence E. Komp, Attorney at Law, Manchester, Missouri, for Appellant. Michael L. Collyer, Office of the Attorney General, Cleveland, Ohio, for Appellee.

Before DAUGHTREY, COLE, and GIBBONS, Circuit Judges.

DAUGHTREY, J., delivered the opinion of the court, in which COLE, J., joined GIBBONS, J. (pp. 781-83), delivered a separate opinion concurring in the judgment.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner, Von Clark Davis, was convicted of aggravated murder and sentenced to death by a three-judge panel in Ohio state court. The Ohio Court of Appeals affirmed his conviction and sentence, but the state supreme court vacated the sentence...

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