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ALLEN v. MITCHELL

No. 02-4145.

953 F.3d 858 (2020)

David Wayne ALLEN, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2020.

Attorney(s) appearing for the Case

ARGUED: John J. Ricotta , Cleveland, Ohio, for Appellant. Brenda S. Leikala , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: John J. Ricotta , Cleveland, Ohio, Henry J. Hilow , Cleveland, Ohio, for Appellant. Charles L. Wille , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

BUSH, J., delivered the opinion of the court in which SILER, J., joined. MOORE, J. (pp. 867-75), delivered a separate opinion concurring only in the judgment.

OPINION

David Wayne Allen was convicted of aggravated robbery and aggravated murder in 1991. He was sentenced to death. Allen's present appeal seeks review of the district court's denial of a writ of habeas corpus under 28 U.S.C. § 2254. Allen argues that the...

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