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LOZA v. MITCHELL

No. 11-3453.

766 F.3d 466 (2014)

José Trinidad LOZA, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2014.

Attorney(s) appearing for the Case

ARGUED: Laurence E. Komp , Manchester, Missouri, for Appellant. David M. Henry , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. Michael J. O'Hara , O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Amicus Curiae. ON BRIEF: Laurence E. Komp , Manchester, Missouri, James A. Wilson , Vorys, Sater, Seymour & Pease LLP, Columbus, Ohio, for Appellant. David M. Henry , Thomas E. Madden , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. Michael J. O'Hara , O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Amicus Curiae.

GIBBONS, J., delivered the opinion of the court, in which GRIFFIN, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 500-01), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

In 1991, Jose Trinidad Loza shot and killed four members of his pregnant girlfriend's family. An Ohio jury convicted him of four counts of aggravated murder, and he was sentenced to death. Ohio state courts affirmed Loza's convictions and sentences on direct appeal and denied him postconviction relief. Loza filed a habeas corpus petition in federal district court, which was denied. On appeal, Loza argues...

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