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STUMPF v. ROBINSON

No. 01-3613.

722 F.3d 739 (2013)

John David STUMPF, Petitioner-Appellant, v. Norm ROBINSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Alan M. Freedman , Midwest Center For Justice, Ltd., Evanston, Illinois, for Appellant. Alexandra T. Schimmer , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Alan M. Freedman , Carol R. Heise , Midwest Center For Justice, Ltd., Evanston, Illinois, for Appellant. Alexandra T. Schimmer , Thomas Madden , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which BATCHELDER, C.J., GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, and KETHLEDGE, JJ., joined. DAUGHTREY, J. (pp. 754-63), delivered a separate dissent, in which MARTIN, MOORE, COLE, CLAY, STRANCH, and DONALD, JJ., joined. WHITE, J. (pp. 763-67), delivered a separate dissent.

OPINION

BOGGS, Circuit Judge.

John David Stumpf filed a petition for a writ of habeas corpus in federal district court following unsuccessful state attacks on his conviction and death sentence for a murder that he committed with Daniel Wesley. The district court denied the petition. We reversed that judgment, but the Supreme Court unanimously reversed us. Bradshaw v. Stumpf, 545 U.S. 175, 125 S.Ct. 2398, 162 L.Ed.2d...

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