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SIMPSON v. JACKSON

No. 08-3224.

615 F.3d 421 (2010)

Donovan E. SIMPSON, Petitioner-Appellant, v. Wanza JACKSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2010.

Attorney(s) appearing for the Case

ARGUED: Brian Fletcher, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Brian Fletcher, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Gene D. Park, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. WHITE, J. (pp. 445-48), delivered a separate opinion dissenting in part and concurring in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Petitioner Donovan Simpson, an Ohio inmate, seeks habeas relief from his convictions for aggravated murder, murder, five counts of attempted murder, aggravated arson, and five counts of felonious assault, all arising from a fatal arson. An Ohio jury convicted him under an aiding and abetting theory for assisting another individual in preparing a "Molotov cocktail...

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