TOLLIVER v. SHEETS

No. 08-3177.

594 F.3d 900 (2010)

Kevin A. TOLLIVER, Petitioner-Appellant, v. Michael SHEETS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2010.


Attorney(s) appearing for the Case

ARGUED: Karen E. Swanson Haan, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Karen E. Swanson Haan, Daniel R. Warren, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, McKEAGUE, and KETHLEDGE, Circuit Judges.


OPINION

McKEAGUE, Circuit Judge.

Kevin Tolliver was convicted in Ohio state court in 2002 of murdering his live-in girlfriend, Claire Schneider, in the early morning hours of December 29, 2001. On January 18, 2008, the district court dismissed Tolliver's petition for a writ of habeas corpus, but certified two issues for appeal: (1) whether Tolliver's statements to police on the night of Schneider's death were unconstitutionally obtained and thus were improperly...

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