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DAVIS v. JENKINS

No. 21-3404.

79 F.4th 623 (2023)

Von Clark DAVIS, Petitioner-Appellant, v. Charlotte JENKINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2023.

Attorney(s) appearing for the Case

ARGUED: Jordan S. Berman , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellant. Jana M. Bosch , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Jordan S. Berman , Erin G. Barnhart , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellant. Stephen E. Maher , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court in which COLE, J., joined. GIBBONS, J. (pp. 648-51), delivered a separate dissenting opinion.

OPINION

A three-judge panel convicted Von Clark Davis of aggravated murder and sentenced him to death. On direct appeal, Davis's sentence was vacated, but on remand, the same three-judge panel again sentenced him to death. We subsequently vacated Davis's death sentence on appeal of his first federal habeas...

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