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GARNER v. MITCHELL

No. 02-3552.

502 F.3d 394 (2007)

William GARNER, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2007.

Attorney(s) appearing for the Case

ARGUED: Kyle E. Timken, Public Defender's Office, Columbus, Ohio, for Appellant. Lisa Marie Stickan, Office of the Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Kyle E. Timken, Kelly L. Culshaw, Public Defender's Office, Columbus, Ohio, for Appellant. Lisa Marie Stickan, Office of the Attorney General, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined. ROGERS, J. (pp. 417-25), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner-Appellant William Garner ("Garner") appeals from the district court's order denying his petition for a writ of habeas corpus. In 1992, Garner was convicted and sentenced to death in Ohio state court on five counts of aggravated murder, one count of aggravated burglary, two counts of aggravated arson, one count of theft, and one count of receiving stolen property. His convictions and death sentence were...

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