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CORNWELL v. BRADSHAW

No. 06-4322.

559 F.3d 398 (2009)

Sidney CORNWELL, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 11, 2009.

Attorney(s) appearing for the Case

ARGUED: Linda Eleanor Prucha, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Linda Eleanor Prucha, Robert K. Lowe, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: MOORE, GIBBONS, and ROGERS, Circuit Judges.

GIBBONS, J., delivered the opinion of the court, in which ROGERS, J., joined. MOORE, J. (pp. 417-20), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner-appellant Sidney Cornwell was convicted by an Ohio jury of (1) aggravated murder committed by prior calculation and design; (2) three counts of attempted aggravated murder, with a firearm specification attached to each count and; (3) attached to the aggravated...

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