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TIBBETTS v. BRADSHAW

No. 06-3886.

633 F.3d 436 (2011)

Raymond TIBBETTS, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2011.

Attorney(s) appearing for the Case

ARGUED: David L. Doughten , Cleveland, Ohio, for Appellant. Holly E. LeClair , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: David L. Doughten , Cleveland, Ohio, Lori Ann McGinnis , Mount Gilead, Ohio, for Appellant. Holly E. LeClair , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

BATCHELDER, C.J., delivered the opinion of the court, in which McKEAGUE, J., joined. MOORE, J. (pp. 447-59), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Raymond Tibbetts, an Ohio death row inmate represented by counsel, appeals the district court's decision to deny his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. A certificate of appealability ("COA") was granted for three claims: (1) whether trial counsel was ineffective for failing to develop and present evidence about Tibbetts' mental status at the penalty phase; (2) whether trial...

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