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.
United States Court of Appeals, Sixth Circuit.
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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