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WILSON v. MITCHELL

No. 03-3362.

498 F.3d 491 (2007)

Daniel WILSON, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2007.

Attorney(s) appearing for the Case

ARGUED: Alan C. Rossman, Cleveland, Ohio, for Appellant. Carol Ann Ellensohn, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Alan C. Rossman, David L. Doughten, Cleveland, Ohio, for Appellant. Carol Ann Ellensohn, Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.

Before: COLE, CLAY, and ROGERS, Circuit Judges.

COLE, J., delivered the opinion of the court in which, CLAY, J., joined. ROGERS, J. (p. 515), delivered a separate opinion concurring in the result.

OPINION

R. GUY COLE, JR., Circuit Judge.

Petitioner-Appellant Daniel Wilson seeks habeas relief from his conviction and death sentence for the murder of Carol Lutz. After a night of drinking, Wilson put Lutz into the trunk of her car and eventually set the car...

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