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MARCUM v. LAZAROFF

No. 00-3549.

301 F.3d 480 (2002)

Ted MARCUM, Petitioner-Appellant, v. Alan LAZAROFF, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 23, 2002.

Attorney(s) appearing for the Case

Kenneth R. Spiert (argued and briefed), Columbus, OH, for Petitioner-Appellant.

Theodore E. Kiser, Office of the Attorney General (argued), Karen E. Carter, Office of the Attorney General, Corrections Litigation Section (briefed), Cincinnati, OH, for Respondent-Appellee.

Before SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

In 1991 the petitioner-appellant, Ted Marcum, pleaded guilty in common pleas court in Butler County, Ohio, to charges of attempted complicity to aggravated burglary. Marcum filed a federal habeas petition under 28 U.S.C. § 2254 on May 11, 1999, which the district court denied. The court issued a certificate of appealability only as to its holding that most of the claims in the petition were barred by the one-year statute...

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