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COWANS v. BAGLEY

No. 08-4393.

639 F.3d 241 (2011)

Jesse J. COWANS, Petitioner-Appellant, v. Margaret A. BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Vicki Ruth Adams Werneke , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Vicki Ruth Adams Werneke , Jillian S. Davis , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

SUTTON, J., delivered the opinion of the court, in which MERRITT and McKEAGUE, JJ., joined. MERRITT, J. (p. 253), delivered a separate concurring opinion.

OPINION

SUTTON, Circuit Judge.

An Ohio jury convicted Jesse Cowans of the murder of Clara Swart, and the court (consistent with the jury's recommendation) sentenced him to death. The Ohio courts upheld his conviction and sentence on direct and collateral review. Cowans filed a federal habeas petition, which the district court denied. Because federal courts in habeas proceedings must defer to the state courts' reasonable...

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