RICHEY v. BRADSHAW

No. 01-3477.

498 F.3d 344 (2007)

Kenneth T. RICHEY, Petitioner-Appellant, v. Margaret BRADSHAW, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2007.


Attorney(s) appearing for the Case

ARGUED: Kenneth J. Parsigian, Goodwin Procter, Boston, Massachusetts, for Appellant. Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Kenneth J. Parsigian, Paul E. Nemser, Goodwin Procter, Boston, Massachusetts, for Appellant. Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: SILER, DAUGHTREY, and COLE, Circuit Judges.


COLE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. SILER, J. (p. 364-65), delivered a separate opinion concurring in part and dissenting in part.

OPINION

R. GUY COLE, JR., Circuit Judge.

This case is on remand to us from the Supreme Court. On January 25, 2005, we reversed the judgment of the district court denying Kenneth Richey's petition for a writ of habeas corpus, on the grounds that (1) Ohio law did not permit Richey...

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