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BRINKLEY v. HOUK

No. 12-3011.

831 F.3d 356 (2016)

Grady BRINKLEY, Petitioner-Appellant, v. Marc C. HOUK, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 25, 2016.

Rehearing and Rehearing En Banc Denied September 16, 2016.

Attorney(s) appearing for the Case

ARGUED: Timothy F. Sweeney , Law Office of Timothy F. Sweeney, Cleveland, Ohio, for Appellant. Jocelyn S. Kelly , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Timothy F. Sweeney, Law Office of Timothy F. Sweeney, Cleveland, Ohio, John P. Parker , Cleveland, Ohio, for Appellant. Jocelyn S. Kelly , Brenda S. Leikala , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: COLE, Chief Judge; ROGERS and KETHLEDGE, Circuit Judges.

OPINION

Grady Brinkley cut the throat of his 18 year-old girlfriend, Shantae Smith, and then called the local Greyhound Bus terminal and stole her ATM card while, or shortly after, she lay bleeding to death on her apartment floor. An Ohio jury convicted Brinkley of murder and recommended a sentence of death, which...

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