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BENGE v. JOHNSON

No. 05-3122.

474 F.3d 236 (2007)

Michael W. BENGE, Petitioner-Appellant, v. David JOHNSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Randall L. Porter, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Randall L. Porter, Kyle E. Timken, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before MARTIN, GILMAN, and ROGERS, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which ROGERS, J., joined. MARTIN, J. (pp. 250-58). delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Michael W. Benge was convicted of aggravated murder and aggravated robbery in violation of Ohio law and was sentenced to death. He filed a petition for habeas corpus that raised sixteen alleged errors in the state-court proceedings. The district court denied the petition...

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