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NIELDS v. BRADSHAW

No. 05-4001.

482 F.3d 442 (2007)

Richard NIELDS, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2007.

Attorney(s) appearing for the Case

ARGUED: T. Kenneth Lee, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Carol Ann Ellensohn, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: T. Kenneth Lee, Kyle E. Timken, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Carol Ann Ellensohn, Anna Marie Franceschelli, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before BOGGS, Chief Judge; GILMAN and SUTTON, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

In 1997, an Ohio jury convicted Richard Nields of aggravated murder with prior calculation and design, aggravated felony murder, and aggravated robbery. At the conclusion of the penalty phase, the state trial court imposed the jury's recommended sentence of death. Nields appealed, but both the Ohio Court of Appeals and the Ohio Supreme Court found his claims to be without merit. Subsequently, Nields filed a petition...

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