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SHEPPARD v. BAGLEY

No. 09-3472.

657 F.3d 338 (2011)

Bobby T. SHEPPARD, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2011.

Attorney(s) appearing for the Case

ARGUED: Melissa J. Jackson , Federal Public Defender's Office, Columbus, Ohio, for Appellant. Robert E. Prather , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Melissa J. Jackson , Carol A. Wright , Allen L. Bohnert , Federal Public Defender's Office, Columbus, Ohio, for Appellant. Robert E. Prather , Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which BATCHELDER, C.J., joined. BATCHELDER, C.J. (pp. 348-50), delivered a separate concurring opinion. MERRITT, J. (pp. 350-53), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

Sixteen years ago, an Ohio jury convicted Bobby Sheppard of aggravated murder and sentenced him to death. He now asks us to grant him a writ of habeas corpus ordering the state of Ohio to redo the penalty phase of his trial. The district court denied Sheppard's petition. We affirm.

I.

On August 19, 1994, Sheppard walked into a Cincinnati liquor store wearing a mask and carrying a gun. He was eighteen years...

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