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JOHNSON v. BAGLEY

Nos. 06-3846, 06-3847.

544 F.3d 592 (2008)

Rayshawn JOHNSON, Petitioner-Appellee/Cross-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Adam Michael Van Ho, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellant. Ruth L. Tkacz, Ohio Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: Michael S. Warbel, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Ruth L. Tkacz, Ohio Public Defender's Office, Columbus, Ohio, W. Joseph Edwards, Law Office of W. Joseph Edwards, Columbus, Ohio, for Appellee.

SUTTON, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 607-09), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

A jury convicted Rayshawn Johnson of the murder of Shanon Marks and sentenced him to death. The Ohio courts upheld his conviction and sentence on direct review. In reviewing Johnson's habeas petition, the district court rejected all of Johnson's claims but one: It granted the writ on the ground that he received ineffective assistance of counsel at the penalty phase of his trial. We agree and affirm.

I.

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