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HUGHBANKS v. HUDSON

No. 18-3955.

2 F.4th 527 (2021)

Gary HUGHBANKS, Petitioner-Appellant, v. Stuart HUDSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2021.

Attorney(s) appearing for the Case

ARGUED: David Paul Williamson , BIESER, GREER & LANDIS, LLP, Dayton, Ohio, for Appellant. Margaret S. Moore , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: David Paul Williamson , BIESER, GREER & LANDIS, LLP, Dayton, Ohio, Dennis L. Sipe , Marietta, Ohio, for Appellant. Margaret S. Moore , Brenda S. Leikala , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court in which CLAY and GIBBONS, JJ., joined. GIBBONS, J. (pg. 511), delivered a separate concurring opinion.

OPINION

Gary Hughbanks, a death-row prisoner in Ohio, appeals the denial of his petition for a writ of habeas corpus by the United States District Court for the Southern District of Ohio. Hughbanks contends that the State withheld material evidence in violation of Brady v. Maryland,

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