ROSS v. PETRO

Nos. 05-4212, 05-4213.

515 F.3d 653 (2008)

Denny ROSS, Petitioner-Appellee/Cross-Appellant, v. James PETRO, Attorney General for the State of Ohio, Respondent, Summit County Court of Common Pleas, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 25, 2008.


Attorney(s) appearing for the Case

ARGUED: Matthew E. Meyer, Office of the Prosecuting Attorney, Cleveland, Ohio, for Appellant. Jacob A. Cairns, Law Office, Columbus, Ohio, for Appellee. ON BRIEF: Matthew E. Meyer, Jon W. Oebker, Office of the Prosecuting Attorney, Cleveland, Ohio, for Appellant. Jacob A. Cairns, Law Office, Columbus, Ohio, Max Kravitz, Kravitz, Brown & Dortch, Columbus, Ohio, David Z. Chesnoff, Chesnoff & Schonfeld, Las Vegas, Nevada, Lawrence J. Whitney, Sr., Burdon & Merlitti, Akron, Ohio, for Appellee.

Before: GUY, ROGERS, and McKEAGUE, Circuit Judges.


McKEAGUE, J., delivered the opinion of the court, in which ROGERS, J., joined. GUY, J. (pp. 671-73), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

Following four weeks of trial on murder, kidnaping, rape and other charges, and during the second day of jury deliberations, the Ohio trial court declared a mistrial after receiving a note from the foreperson indicating the jury's deliberations had been tainted by extraneous...

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