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FAUTENBERRY v. MITCHELL

No. 05-3568.

515 F.3d 614 (2008)

John FAUTENBERRY, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Dennis Lyle Sipe, Buell & Sipe Co., Marietta, Ohio, for Appellant. Steven W. Schierholt, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Dennis Lyle Sipe, Buell & Sipe Co., Marietta, Ohio, for Appellant. Matthew C. Hellman, Attorney General's Office of Ohio, Columbus, Ohio, Lisa M. Stickan, Attorney General's Office of Ohio, Cleveland, Ohio, for Appellee.

Before: BATCHELDER, MOORE, and GILMAN, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 643-53), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Petitioner John Fautenberry ("Fautenberry"), a prisoner in the state of Ohio awaiting execution, appeals the district court's denial of his petition for writ of habeas corpus. Fautenberry raises eight issues on appeal...

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