DIXON v. HOUK

No. 08-4019.

737 F.3d 1003 (2013)

Archie DIXON, Petitioner-Appellant, v. Marc C. HOUK, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 12, 2013.


Attorney(s) appearing for the Case

ARGUED: Michael J. Benza , Law Office of Michael J. Benza, Chagrin Falls, Ohio, for Appellant. Thomas E. Madden , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Michael J. Benza , Lawrence J. Whitney , Burdon & Merlitti, Akron, Ohio, for Appellant. Thomas E. Madden , David M. Lieberman , Alexandra T. Schimmer , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

SILER, J., delivered the opinion of the court, in which COLE, J., joined. MERRITT, J. (pp. 14-19), delivered a separate dissenting opinion.


AMENDED OPINION

SILER, Circuit Judge.

Twenty years ago, Archie Dixon and his accomplice brutally attacked Christopher Hammer and buried him alive. Dixon was convicted of aggravated murder, robbery, kidnaping, and forgery, and the state trial court sentenced him to death. He sought to vacate his conviction and sentence, asserting that his confession was obtained in violation of his Miranda rights and alleging numerous errors in his trial. We ruled...

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