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VALENTINE v. KONTEH

No. 03-4027.

395 F.3d 626 (2005)

Michael E. VALENTINE, Petitioner-Appellee, v. Khelleh KONTEH, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2005.

Attorney(s) appearing for the Case

ARGUED: M. Scott Criss, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellant. Barbara A. Farnbacher, Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: M. Scott Criss, Assistant United States Attorney, Columbus, Ohio, for Appellant. Barbara A. Farnbacher, Public Defender's Office, Columbus, Ohio, for Appellee.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

An Ohio jury convicted Michael Valentine of 40 counts of sexual abuse, for which he was sentenced to 40 consecutive life sentences. In bringing a petition for habeas corpus, he contends that the Ohio indictment violated his constitutional right to due process. Valentine was convicted of 20 "carbon-copy" counts of child rape, each of which was identically worded so that there was no differentiation among the charges and 20...

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