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BROWN v. BRADSHAW

No. 06-3482.

531 F.3d 433 (2008)

Mark A. BROWN, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2008.

Attorney(s) appearing for the Case

ARGUED: George C. Pappas, Akron, Ohio, for Appellant. Adam Michael Van Ho, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: George C. Pappas, Akron, Ohio, Donald J. Malarcik, Gorman, Malarcik & Pierce, Akron, Ohio, for Appellant. Adam Michael Van Ho, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

Before: SILER, BATCHELDER, and SUTTON, Circuit Judges.

OPINION

SILER, Circuit Judge.

Mark A. Brown, an Ohio death row inmate, appeals the decision of the district court denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. A certificate of appealability ("COA") was granted for one claim: whether clearly established Federal law was violated when the trial court gave an instruction during the penalty phase that allegedly coerced the jurors...

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