MILLER v. BRUNSMAN

No. 09-3151.

599 F.3d 517 (2010)

Richard MILLER, Petitioner-Appellant, v. Timothy BRUNSMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2010.


Attorney(s) appearing for the Case

ARGUED: Nicole Lynn Rutter-Hirth, Rion, Rion & Rion, Dayton, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Jon Paul Rion, Rion, Rion & Rion, Dayton, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MARTIN, J. (pp. 527-28), delivered a separate concurring opinion.


OPINION

ROGERS, Circuit Judge.

Richard Wayne Miller, convicted by an Ohio jury of aggravated murder and aggravated robbery in connection with the March 2002 slaying of Paul Brown, appeals the denial of his petition for a writ of habeas corpus. Miller argues that the state courts violated his constitutional right to present a defense by excluding evidence that a third party, Scottie Guenther, had robbed and killed Brown. Because the evidence Miller proffered...

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