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WILES v. BAGLEY

No. 05-3719.

561 F.3d 636 (2009)

Mark W. WILES, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 14, 2009.

Attorney(s) appearing for the Case

ARGUED: John J. Ricotta, LAW OFFICE, Cleveland, Ohio, for Appellant. Adam Michael Van Ho, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: John J. Ricotta, Law Office, Cleveland, Ohio, Henry J. Hilow, McGinty, Hilow & Spellacy, Cleveland, Ohio, for Appellant. Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

SUTTON, J., delivered the opinion of the court, in which SILER, J., joined. MARTIN, J. (pp. 642-46), delivered a separate concurring opinion.

OPINION

SUTTON, Circuit Judge.

Mark Wiles murdered a fifteen-year-old boy with a kitchen knife during a botched burglary in 1985. After he waived his right to a jury trial, a panel of three Ohio judges convicted him of aggravated murder and aggravated burglary, then sentenced him to death. After exhausting his state-court appeals and post-conviction remedies, Wiles sought a writ of habeas corpus under 28 U.S.C. § 2254, arguing (among other things) that...

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