IN RE NOLING

Nos. 07-3989, 08-3258, 10-3884.

651 F.3d 573 (2011)

In re Tyrone NOLING, Movant. Tyrone Noling, Petitioner-Appellant, v. Margaret Bradshaw, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2011.


Attorney(s) appearing for the Case

ARGUED: Kelly L. Schneider, Office of the Federal Public Defender, Phoenix, Arizona, for Appellant. Thomas E. Madden, Office of the Ohio Attorney General, Columbus, Ohio, for Respondent. ON BRIEF: Kelly L. Schneider, Office of the Federal Public Defender, Phoenix, Arizona, Ralph I. Miller, Weil, Gotshal & Manges, Washington, D.C., James A. Jenkins, Cleveland, Ohio, for Appellant. Laurence Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Respondent.

MARTIN, J., delivered the opinion of the court, in which COLE, J., joined. GRIFFIN, J. (p. 577), delivered a separate opinion concurring in the judgment.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The United States District Court for the Northern District of Ohio denied the habeas petition of Tyrone Noling, who is facing the death penalty. Noling then filed with this Court a petition to file a successive petition (No. 07-3989) and a petition for a certificate of appealability (No. 08-3258). We consolidated these matters, denied the successive petition, and granted a certificate of appealability on four...

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