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STALLINGS v. BAGLEY

No. 5:05-CV-722.

561 F.Supp.2d 821 (2008)

Michael STALLINGS, Petitioner, v. Margaret BAGLEY, Warden, Respondent.

United States District Court, N.D. Ohio, Eastern Division.

March 31, 2008.

Attorney(s) appearing for the Case

Joseph E. Wilhelm, Rachel G. Troutman, Office of the Federal Public Defender State of Ohio, Columbus, OH, for Petitioner.

Anna M. Franceschelli, Thomas E. Madden, Adam M. Van Ho, Charles L. Wille, Stephen E. Maher, Office of the Attorney General, State of Ohio, Columbus, OH, Michael L. Collyer, Office of the U.S. Attorney, Northern District of Ohio, Cleveland, OH, for Respondent.

MEMORANDUM OF OPINION & ORDER

KATHLEEN McDONALD O'MALLEY, District Judge.

Michael Stallings petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Stallings challenges the constitutional sufficiency of his conviction by a jury for aggravated capital murder and also challenges the constitutionality of the imposition of a sentence of death.

For the reasons set forth below, Stallings's petition for a writ of habeas...

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