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SHEPPARD v. ROBINSON

No. 13-3165.

807 F.3d 815 (2015)

Bobby T. SHEPPARD, Petitioner-Appellant, v. Norm ROBINSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 8, 2015.

Attorney(s) appearing for the Case

ARGUED: Allen L. Bohnert , Office of the Federal Public Defender for the Southern District of Ohio. Columbus, Ohio, for Appellant. Charles L. Wille , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

ON BRIEF: Allen L. Bohnert , Erin Gallagher Barnhart , Office of the Federal Public Defender for the Southern District of Ohio, Columbus, Ohio, for Appellant. Charles L. Wile , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which BATCHELDER, J., joined. MERRITT, J. (pp. 822-27), delivered a separate dissenting opinion.

OPINION

More than 20 years ago, Bobby Sheppard shot and killed a Cincinnati store owner, Dennis Willhide, execution-style, as Willhide lay helpless on the floor in front of him. A jury convicted Sheppard of murder, and the state trial court sentenced him to death. Since...

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