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GOODWIN v. JOHNSON

Nos. 06-3571, 06-3572.

632 F.3d 301 (2011)

Michael GOODWIN, Petitioner-Appellee/Cross-Appellant, v. David JOHNSON, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Sarah Lyn Leatherman , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Pamela Prude-Smithers , Office of the Ohio Public Defender, Columbus, Ohio, for Appellee. ON BRIEF: Matthew A. Kanai , Thomas E. Madden , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Richard G. Lillie , Lillie & Holderman, Cleveland, Ohio, Pamela Prude-Smithers , Office of the Ohio Public Defender, Columbus, Ohio, for Appellee.

Before: MARTIN, GILMAN, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Warden David Johnson appeals from the district court's order granting Michael Goodwin's petition for a writ of habeas corpus in part. The district court determined that Goodwin, convicted of murder and sentenced to death in the Cuyahoga County (Ohio) Circuit Court in December 1994, was denied his right to effective assistance of counsel at sentencing. Goodwin applied for a certificate of appealability concerning the district...

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