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MOORE v. HAVILAND

No. 07-3380.

531 F.3d 393 (2008)

John C. MOORE, Jr., Petitioner-Appellee, v. James S. HAVILAND, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Appellant. J. Dean Carro, University of Akron School of Law, Akron, Ohio, for Appellee. ON BRIEF: Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Appellant. J. Dean Carro, University of Akron School of Law, Akron, Ohio, for Appellee.

SHADUR, D.J., delivered the opinion of the court, in which BOGGS, C.J., joined. ROGERS, J. (pp. 404-06), delivered a separate dissenting opinion.

OPINION

SHADUR, District Judge.

James Haviland, in his capacity as Warden, appeals the issuance of a writ of habeas corpus to John Moore ("Moore") by the district court. In the underlying state criminal proceedings that have given rise to Moore's federal habeas action, he sought to represent himself at trial, but his request was never resolved and he was convicted while represented by appointed counsel. After his conviction was upheld on appeal in the state...

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