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KEENE v. MITCHELL

No. 05-3538.

525 F.3d 461 (2008)

Marvallous KEENE, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Pamela Prude-Smithers, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Thomas E. Madden, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Pamela Prude-Smithers, Kelly L. Culshaw, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Thomas E. Madden, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.

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

OPINION

SILER, Circuit Judge.

Marvallous Keene, an Ohio death row inmate, appeals from the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Two issues were certified for appeal: (1) whether Keene was denied equal protection when the prosecutor allegedly selectively prosecuted him because he is African-American; and (2) whether his due process rights were violated when a pretrial identification procured...

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