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MOORE v. MITCHELL

Nos. 08-3167, 08-3230.

708 F.3d 760 (2013)

Lee E. MOORE, Petitioner-Appellee/Cross-Appellant, v. Betty MITCHELL, Warden of Mansfield Correctional Institution, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2013.

Attorney(s) appearing for the Case

ARGUED: Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Michael J. O'Hara , O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Appellee/Cross-Appellant. ON BRIEF: Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Michael J. O'Hara , O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, Laurence E. Komp , Manchester, Missouri, for Appellee/Cross-Appellant.

BATCHELDER, C.J., delivered the opinion of the court in which, GIBBONS, J., joined. MERRITT, J. (pp. 811-14), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Chief Circuit Judge.

This habeas case arises from Lee Moore's conviction in Ohio state court of aggravated murder, aggravated robbery, and kidnapping. In cross-appeals, Warden Betty Mitchell appeals the district court order conditionally granting Lee Moore's petition based on claims of ineffective assistance of counsel at sentencing and improper jury instructions. Lee Moore appeals the denial of several other claims for relief...

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