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JELLS v. MITCHELL

No. 02-3505.

538 F.3d 478 (2008)

Reginald JELLS, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2008.

Attorney(s) appearing for the Case

ARGUED: Alan C. Rossman, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Alan C. Rossman, Office of the Federal Public Defender, Cleveland, Ohio, William T. Doyle, Law Offices, Cleveland, Ohio, for Appellant. Lisa Marie Stickan, Daniel R. Ranke, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

COLE, J., delivered the opinion of the court, in which CLAY, J., joined. BATCHELDER, J. (pp. 513-24), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

A Cuyahoga County, Ohio three-judge panel convicted Reginald Jells for the murder of Ruby Stapleton and sentenced him to death on October 6, 1987. After exhausting direct and post-conviction remedies in the State of Ohio, Jells timely filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of Ohio on October 27, 1998. The district court denied his petition on March 18, 2002....

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