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WOGENSTAHL v. MITCHELL

No. 07-4285.

668 F.3d 307 (2012)

Jeffrey A. WOGENSTAHL, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Andrew P. Avellano , Columbus, Ohio, for Appellant. Justin M. Lovett , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Andrew P. Avellano , Columbus, Ohio, Gregory W. Meyers , Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Justin M. Lovett , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MOORE, J. (pp. 343-44), delivered a separate opinion concurring in the judgment.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner-appellant Jeffrey A. Wogenstahl appeals the district court's order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus seeking relief from both his conviction for aggravated murder with death specifications and his resulting death sentence. For the following reasons, we affirm the district court and deny Wogenstahl's petition.

I.

The facts underlying Wogenstahl...

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