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WILLIAMS v. MITCHELL

Nos. 03-3626, 12-4269.

792 F.3d 606 (2015)

Andre WILLIAMS, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 7, 2015.

Attorney(s) appearing for the Case

ARGUED: Alan C. Rossman , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, for Appellant. Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Alan C. Rossman , VICKI Ruth Adams Werneke , Jillian S. Davis , Office of the Federal Public Defender/Capital Habeas Unit, Cleveland, Ohio, for Appellant. Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court in which ROGERS, J., joined, and GIBBONS, J., joined in part. GIBBONS, J. (pp. 24-27), delivered a separate opinion concurring in part and in the judgment.

OPINION

An Ohio jury convicted Petitioner-Appellant Andre Williams of aggravated murder and sentenced him to death. After filing direct appeals and seeking post-conviction relief in state and federal courts, Williams filed a post-conviction petition in...

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