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VAN HOOK v. BOBBY

No. 03-4207.

661 F.3d 264 (2011)

Robert J. VAN HOOK, Petitioner-Appellant, v. David BOBBY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2011.

Rehearing and Rehearing En Banc Denied November 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Keith A. Yeazel , Columbus, Ohio, for Appellant. Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Keith A. Yeazel , James D. Owen , Columbus, Ohio, for Appellant. Stephen E. Maher , Alexandra T. Schimmer , David M. Lieberman , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: MERRITT, MARTIN, and MOORE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

This opinion represents this panel's fourth review of this case. Robert Van Hook petitioned for federal habeas corpus relief in 1995 after waiving trial by jury and after a three-judge Ohio panel sentenced him to death for the brutal murder of David Self in connection with a homosexual encounter and after the Ohio courts upheld Van Hook's death sentence. State v. Van Hook, 39 Ohio St.3d 256

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