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GIRTS v. YANAI

No. 05-4023.

501 F.3d 743 (2007)

Robert GIRTS, Petitioner-Appellant, v. Chris YANAI, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2007.

Attorney(s) appearing for the Case

ARGUED: Hope E. Redmond, Thompson Hine, Cleveland, Ohio, for Appellant. Thelma T. Price, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Hope E. Redmond, Robert F. Ware, Thompson Hine, Cleveland, Ohio, for Appellant. Bruce D. Horrigan, Office of the Attorney General, Cleveland, Ohio, for Appellee.

Before: MARTIN, BATCHELDER, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which MARTIN, J., joined. BATCHELDER, J. (pp. 761-62), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Petitioner Robert Girts appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner argues that his conviction for aggravated murder violated his Fifth and Sixth Amendment rights because the prosecution improperly...

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