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ESPARZA v. SHELDON

No. 13-3358.

765 F.3d 615 (2014)

Gregory ESPARZA, Petitioner-Appellant, v. Ed SHELDON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2014.

Rehearing En Banc Denied October 2, 2014.

Attorney(s) appearing for the Case

ARGUED: Lori B. Riga , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, for Appellant. Ashon L. McKenzie , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Lori B. Riga , Alan C. Rossman , Vicki Ruth Adams Werneke , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, Jeffry F. Kelleher , Jeffry F. Kelleher & Associates, Co., Cleveland, Ohio, for Appellant. Ashon L. McKenzie , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: SILER, SUTTON and KETHLEDGE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Three decades ago, Gregory Esparza murdered Melanie Gerschultz for just over a hundred dollars in cash. An Ohio jury sentenced him to death. After the Ohio state courts refused to alter his sentence, Esparza unsuccessfully sought habeas relief in federal district court. Because the Ohio courts reasonably rejected his claims, we affirm.

I.

On February 12, 1983, Melanie Gerschultz and James Barailloux were working...

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