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WAGNER v. SMITH

No. 07-2129.

581 F.3d 410 (2009)

Sherman WAGNER, Petitioner-Appellant, v. Willie O. SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert A. Amicone II, Squire, Sanders & Dempsey L.L.P., Cincinnati, Ohio, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Pierre H. Bergeron, Thomas D. Amrine, Colter L. Paulson, Squire, Sanders & Dempsey L.L.P., Cincinnati, Ohio, for Appellant. Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before BATCHELDER, Chief Judge; KENNEDY and McKEAGUE, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Petitioner Sherman Wagner, a/k/a Billy Lynn Wagner, appeals the district court's denial of his petition for a writ of habeas corpus. In his various state and federal appeals relating to his 2002 state murder trial, Wagner has made numerous claims of violations that he claims warrant reversal of his conviction. Wagner's certificate of appealability in this Court has been limited to...

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