VOLPE v. TRIM

No. 11-4365.

708 F.3d 688 (2013)

Kelly L. VOLPE, Petitioner-Appellant, v. Ginine TRIM, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 8, 2013.

As Amended on Denial of Rehearing January 31, 2013.


Attorney(s) appearing for the Case

ARGUED: Sarah M. Schregardus , Columbus, Ohio, for Appellant. M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Sarah M. Schregardus , Columbus, Ohio, for Appellant. M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: CLAY and WHITE, Circuit Judges; HOOD, District Judge.


OPINION

HELENE N. WHITE, Circuit Judge.

Petitioner Kelly L. Volpe (Volpe), an Ohio state prisoner, appeals the district court's denial of her 28 U.S.C. § 2254 habeas corpus petition. She argues that her state convictions of both operating a vehicle while under the influence, Ohio Rev. Code § 4511.19(A)(1)(a), and aggravated vehicular homicide as a proximate result of operating a vehicle while under the influence, id. § 2903.06(A)(1...

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