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PHILLIPS v. BRADSHAW

No. 06-4418.

607 F.3d 199 (2010)

Ronald PHILLIPS, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2010.

Attorney(s) appearing for the Case

ARGUED: Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellant. Adam Michael Van Ho, Office of The Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, Ruth L. Tkacz, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Office of The Ohio Attorney General, Columbus, Ohio, for Appellee.

SILER, J., delivered the opinion of the court, in which McKEAGUE, J., joined. COLE, J. (pp. 224-33), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Ronald Phillips was convicted of rape and aggravated murder of Sheila Marie Evans and sentenced to death. The Ohio courts upheld his conviction and sentence on direct review and in post-conviction proceedings. The federal district court denied his petition for a writ of habeas corpus under 28 U.S.C. § 2254. For the following reasons, we AFFIRM the district court's...

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