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DRUMMOND v. HOUK

Nos. 11-3024, 11-3039.

797 F.3d 400 (2015)

JOHN DRUMMOND, Petitioner-Appellee/Cross-Appellant, v. MARC HOUK, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing En Banc Denied September 14, 2015.

Attorney(s) appearing for the Case

ON BRIEF: Charles L. Wille , Jocelyn S. Kelly , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant/Cross-Appellee. Alan C. Rossman , Federal Public Defender's Office, Cleveland, Ohio, David L. Doughten , Cleveland, Ohio, for Appellee/Cross-Appellant.

KETHLEDGE, J., delivered the opinion of the court, in which COLE, C.J., joined, and GRIFFIN, J., joined in the result. GRIFFIN, J. (pp. 405-09), delivered a separate opinion concurring in the judgment.

OPINION

John Drummond killed a three month-old girl when he fired an assault rifle at her home. An Ohio jury convicted Drummond of murder and sentenced him to death. The Ohio Supreme Court affirmed. Drummond thereafter sought federal habeas relief, which the district court granted on the ground that the trial...

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