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DURR v. MITCHELL

No. 00-3353.

487 F.3d 423 (2007)

Darryl M. DURR, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, Dennis Lyle Sipe, Buell & Sipe Co. L.P.A., Marietta, Ohio, for Appellant. Stephen E. Maher, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, BATCHELDER, and COLE, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which BATCHELDER, J., joined. COLE, J. (p. 449-50), delivered a separate concurring opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

Petitioner-Appellant Darryl Durr, an Ohio death row inmate, appeals from the order of the United States District Court for the Northern District of Ohio, Eastern Division, denying his petition for a writ of habeas corpus...

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