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APANOVITCH v. BOBBY

No. 09-4333.

648 F.3d 434 (2011)

Anthony C. APANOVITCH, Petitioner-Appellant, v. David BOBBY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2011.

Rehearing and Rehearing En Banc Denied August 10, 2011.

Attorney(s) appearing for the Case

ARGUED: Dale A. Baich , Office of the Federal Public Defender, Phoenix, Arizona, for Appellant. Laurence R. Snyder , Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Dale A. Baich , Office of the Federal Public Defender, Phoenix, Arizona, Mark R. DeVan , Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellant. Laurence R. Snyder , Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

Before: BOGGS, MOORE, and ROGERS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Anthony Apanovitch, an Ohio death-row inmate, appeals the district court's dismissal of his petition for a writ of habeas corpus. Apanovitch argues that he was prejudiced at his 1984 trial by the prosecution's withholding of favorable evidence, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). It is clear that the prosecution wrongly withheld from Apanovitch...

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