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LOTT v. BAGLEY

Nos. 05-4336, 07-4294.

569 F.3d 547 (2008)

Gregory LOTT, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2008.

Rehearing and Rehearing En Banc Denied October 29, 2008.

Attorney(s) appearing for the Case

ARGUED: Gregory W. Meyers, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Gregory W. Meyers, Melissa J. Callais, Robert K. Lowe, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before BOGGS, Chief Judge; MERRITT and COLE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

The present question before us in this habeas corpus, murder case, in which Ohio has imposed the death penalty, is whether the trial and post-conviction evidence would now convince a reasonable factfinder that Lott is innocent of the crime. We agree with District Judge O'Malley that the new evidence of prosecutorial wrongdoing does not undermine the finding of guilt, which means that Lott may not proceed with his otherwise...

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