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CASSANO v. SHOOP

No. 18-3761.

1 F.4th 458 (2021)

August CASSANO, Petitioner-Appellant, v. Tim SHOOP, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 17, 2021.

Attorney(s) appearing for the Case

ARGUED: Adam M. Rusnak , 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: Adam M. Rusnak , Erin G. Barnhart , 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.

CLAY, J., delivered the opinion of the court in which DONALD, J., joined. SILER, J. (pp. 479-80), delivered a separate dissenting opinion.

OPINION

Petitioner August Cassano, an Ohio prisoner under a death sentence, appeals from the district court's denial of his second Amended Petition for a Writ of Habeas Corpus filed under 28 U.S.C. § 2254. The district court granted Cassano a Certificate of Appealability on five of his requested grounds for relief...

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