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FRAZIER v. JENKINS

No. 11-4262.

770 F.3d 485 (2014)

James FRAZIER, Petitioner-Appellant, v. Charlotte JENKINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2014.

Attorney(s) appearing for the Case

ARGUED: David L. Doughten , Cleveland, Ohio, for Appellant. Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: David L. Doughten , Cleveland, Ohio, John B. Gibbons , Cleveland, Ohio, for Appellant. Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which GIBBONS, J., joined, and SUTTON, J. joined in part. SUTTON, J. (pp. 505-07), delivered a separate opinion concurring in all but Section III. A of the majority opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

An Ohio state-court jury convicted Petitioner-Appellant, James Frazier, of aggravated murder (with two death-penalty specifications), aggravated burglary, and aggravated robbery. The jury recommended the death penalty, and the state-trial-court judge sentenced him to die by lethal injection. After exhausting his state appeals, Frazier filed a petition for a writ of habeas corpus in federal district court, arguing...

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