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BRAXTON v. GANSHEIMER

No. 07-3387.

561 F.3d 453 (2009)

Anthony BRAXTON, Petitioner-Appellee, v. Richard GANSHEIMER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Michael Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Chad A. Readler, Jones Day, Columbus, Ohio, for Appellee. ON BRIEF: Michael Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Chad A. Readler, Jones Day, Columbus, Ohio, for Appellee. Anthony Braxton, Cleveland, Ohio, pro se.

Before: BOGGS, Chief Judge; GIBBONS and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Respondent Richard Gansheimer, Warden, appeals the order of the district court granting petitioner Anthony Braxton, an Ohio state prisoner, a conditional writ of habeas corpus pursuant to 28 U.S.C. § 2254, on the basis of Braxton's claim that the prosecution's exercise of a peremptory challenge during jury selection at his state court trial was racially discriminatory in violation of the Equal Protection Clause and

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