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MASON v. MITCHELL

No. 05-4511.

543 F.3d 766 (2008)

Maurice A. MASON, Petitioner-Appellant, v. Betty MITCHELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 3, 2008.

Attorney(s) appearing for the Case

ARGUED: David C. Stebbins, Law Offices, Columbus, Ohio, for Appellant. Adam Michael Van Ho, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: David C. Stebbins, Law Offices, Columbus, Ohio, Carol A. Wright, Federal Public Defender's Office, Columbus, Ohio, for Appellant. Carol Ann Ellensohn, Matthew C. Hellman, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which CLAY, J., joined. BOGGS, C.J. (pp. 785-90), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case returns to us following the district court's denial of Petitioner-Appellant Maurice A. Mason's ("Mason") petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In Mason v. Mitchell, 320 F.3d 604 (6th Cir.2003) ("Mason I"), we remanded this case to the district court with instructions to hold an evidentiary hearing regarding Mason's...

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