FRANKLIN v. BRADSHAW

No. 07-3497.

545 F.3d 409 (2008)

Sedrick FRANKLIN, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2008.


Attorney(s) appearing for the Case

ARGUED: Stephen P. Hardwick, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Theresa G. Haire, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Gregory T. Hartke, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

GUY, J., delivered the opinion of the court, in which McKEAGUE, J., joined. RYAN, J. (p. 416), delivered a separate opinion concurring in part.


OPINION

RALPH B. GUY, JR., Circuit Judge.

Petitioner Sedrick Franklin appeals from the district court's dismissal of his petition for writ of habeas corpus challenging his convictions for murder and felonious assault, with firearm specifications, in violation of Ohio Revised Code §§ 2903.02(B) and 2903.11(A)(2). A certificate of appealability was granted with respect to petitioner's second ground for relief, only: the claim that his post-arrest...

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