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GRAY v. MOORE

No. 06-3547.

520 F.3d 616 (2008)

Matthew GRAY, Petitioner-Appellant, v. Ernie L. MOORE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 26, 2008.

Rehearing Denied April 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Thelma Thomas Price, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Thelma Thomas Price, Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: KENNEDY, MARTIN, and COLE, Circuit Judges.

OPINION

R. GUY COLE, JR., Circuit Judge.

On June 27, 2001, a jury in Hamilton County, Ohio, convicted Matthew Gray of aggravated murder and kidnapping, both with firearm specifications. After exhausting his remedies in state court, Gray filed the instant petition for a writ of habeas corpus in the United States District Court for the Southern District of Ohio, arguing that the trial court violated his constitutional rights to due process, to be present at...

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