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PUDELSKI v. WILSON

No. 07-3856.

576 F.3d 595 (2009)

John J. PUDELSKI, Petitioner-Appellant, v. Julius WILSON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2009.

Attorney(s) appearing for the Case

ARGUED: Edwin J. Vargas, The Vargas Law Firm, Cleveland, Ohio, for Appellant. Thelma Thomas Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Edwin J. Vargas, The Vargas Law Firm, Cleveland, Ohio, for Appellant. Thelma Thomas Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

HOLSCHUH, D.J., delivered the opinion of the court, in which McKEAGUE, J., joined. CLAY, J. (pp. 615-20), delivered a separate dissenting opinion.

OPINION

HOLSCHUH, District Judge.

Petitioner John J. Pudelski ("Pudelski") was convicted in state court of the murder of his infant daughter, and after appealing that conviction to the state courts he filed a 28 U.S.C. § 2254 petition for habeas corpus relief. The district court, adopting the magistrate judge's Report and Recommendation in full, found no merit in Pudelski's claims and dismissed the petition. Pudelski now appeals. Although the magistrate...

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