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ROE v. BAKER

No. 00-4260.

316 F.3d 557 (2002)

John Glenn ROE, Petitioner-Appellant, v. Dennis BAKER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 31, 2002.

Rehearing and Suggestion for Rehearing Denied February 10, 2003.

Attorney(s) appearing for the Case

David L. Doughten (argued and briefed), Cleveland, OH, for Appellant.

Stephen E. Maher (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellee.

Before SUHRHEINRICH, SILER, and CLAY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 10, 2003.

SILER, Judge, delivered the opinion of the court, in which SUHRHEINRICH, Judge, joined. CLAY, Judge (p. 571), delivered a separate concurring opinion.

OPINION

SILER, Circuit Judge.

Petitioner John Glenn Roe appeals the denial of his plea for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court granted a certificate of appealability for twenty...

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