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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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