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BROWN v. KONTEH

Nos. 06-4037, 06-4043.

567 F.3d 191 (2009)

Gerald L. BROWN, Petitioner-Appellant, v. Khelleh KONTEH, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Andrew P. Avellano, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Andrew P. Avellano, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: DAUGHTREY, GILMAN, and ROGERS, Circuit Judges.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

A violent rampage through the Beacon Hill Apartment complex in Columbus, Ohio, on August 14, 2001, resulted in the burglary of two apartments, three aggravated robberies, two vicious beatings, and a murder. The petitioner, Gerald L. Brown, Jr., was eventually convicted for the numerous crimes. Although the State of Ohio sought to execute Brown for his participation in the offenses, a three-judge panel that heard...

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