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BEUKE v. HOUK

No. 96-3050.

537 F.3d 618 (2008)

Michael BEUKE, Petitioner-Appellant, v. Marc C. HOUK, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2008.

Attorney(s) appearing for the Case

ARGUED: Ken F. Murray, Office of The Federal Public Defender, Phoenix, Arizona, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Ken F. Murray, Megan B. Moriarty, Office of the Federal Public Defender, Phoenix, Arizona, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

BATCHELDER, J., delivered the opinion of the court, in which NORRIS, J., joined. MARTIN, J. (pp. 655-60), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Petitioner-Appellant Michael Beuke ("Beuke") appeals the district court's dismissal of his petition for writ of habeas corpus. On appeal, Beuke raises thirteen issues for our review. Because Beuke filed his habeas petition prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254(d), we apply pre-AEDPA standards of review. See Lindh v. Murphy,

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