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AWKAL v. MITCHELL

No. 01-4278.

559 F.3d 456 (2009)

Abdul AWKAL, Petitioner-Appellant, v. Betty MITCHELL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 16, 2009.

Attorney(s) appearing for the Case

ARGUED: R. Brian Moriarty, Cleveland, Ohio, for Appellant. Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Kevin M. Cafferkey, Law Offices, Cleveland, Ohio, Thomas F. O'Malley, Jr., Law Office, Cleveland, Ohio, for Appellant. Jonathan R. Fulkerson, Office of the Ohio Attorney General, Columbus, Ohio, Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which COLE, J., joined. GILMAN, J. (pp. 470-76), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 1992, an Ohio jury convicted Petitioner-Appellant, Abdul Awkal ("Awkal"), of two counts of aggravated murder with prior calculation and design with mass-murder and firearm specifications. The trial court sentenced Awkal to death as recommended by the jury. Awkal now appeals the district court's decision to deny his petition for a writ of habeas corpus. We granted a certificate of appealability allowing Awkal...

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