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TREESH v. BAGLEY

No. 07-3524.

612 F.3d 424 (2010)

Frederick TREESH, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2010.

Attorney(s) appearing for the Case

ARGUED: S. Adele Shank, Law Office of S. Adele Shank, Columbus, Ohio, for Appellant. Thomas E. Madden, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: S. Adele Shank, Law Office of S. Adele Shank, Columbus, Ohio, Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellant. Thomas E. Madden, Seth P. Kestner, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

SILER, J., delivered the opinion of the court, in which GRIFFIN, J., joined. CLAY, J. (pp. 439-40), delivered a separate concurring opinion.

OPINION

SILER, Circuit Judge.

A state court jury convicted Frederick Treesh of aggravated murder and several other charges, and the court sentenced him to death. The Ohio courts upheld his conviction and sentence on direct review and in post-conviction proceedings. Treesh petitioned the U.S. District Court for the Northern District of Ohio for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition but granted Treesh a...

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