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SMITH v. BRADSHAW

No. 07-4305.

591 F.3d 517 (2010)

Steven SMITH, Petitioner-Appellant, v. Margaret BRADSHAW, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 19, 2010.

Attorney(s) appearing for the Case

ARGUED: Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Joseph E. Wilhelm, Federal Public Defender's Office, Cleveland, Ohio, Henry F. DeBaggis, Assistant United States Attorney, Cleveland, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which BATCHELDER, C.J., joined. GILMAN, J. (pp. 527-30), delivered a separate concurring opinion.

OPINION

BOGGS, Circuit Judge.

Steven Smith is an Ohio inmate sentenced to death for raping and murdering a six-month-old baby. We affirm the district court's denial of a writ of habeas corpus.

I. Background

On September 28, 1998, Smith was living with his girlfriend, Keysha Frye, and her two young daughters, two-year-old Ashley and six-month-old Autumn. That evening, Smith drank three beers while he, Frye, and the children visited a friend...

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