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O'NEAL v. BAGLEY

No. 11-3449.

728 F.3d 552 (2013)

James O'NEAL, Petitioner-Appellant, v. Margaret BAGLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 26, 2013.

Attorney(s) appearing for the Case

ARGUED: Kirstie N. Young , Bieser, Greer & Landis, LLP, Dayton, Ohio, for Appellant. Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Kirstie N. Young , Michasel W. Krumholtz , Bieser, Greer & Landis, LLP, Dayton, Ohio, Lawrence J. Greger , Greger Law Office, Dayton, Ohio, for Appellant. Brian S. Deckert , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

COLE, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MERRITT, J. (pp. 564-67), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

A jury convicted James O'Neal of the aggravated murder of his wife, and a state trial court sentenced him to death at the jury's recommendation. The Ohio courts affirmed his conviction and sentence on direct review and denied post-conviction relief. O'Neal then filed a petition for habeas corpus in federal court, which the district court denied. We affirm.

I.

In September...

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