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FOUST v. HOUK

No. 08-4100.

655 F.3d 524 (2011)

Kelly FOUST, Petitioner-Appellant, v. Mark C. HOUK, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Gamso, Gamso, Helmick & Hoolahan, Toledo, Ohio, for Appellant. Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Jeffrey M. Gamso, Jeffrey J. Helmick, Gamso, Helmick & Hoolahan, Toledo, Ohio, for Appellant. Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which CLAY, J., joined. BATCHELDER, C.J. (pp. 546-49), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner Kelly Foust, a death-row prisoner in Ohio, was convicted of murdering Jose Coreano, raping Damaris Coreano, setting the Coreanos' house on fire, and related offenses. At the mitigation hearing, Foust's mother, Foust's father, and defense psychologist Dr. James Karpawich testified on Foust's behalf. Although their testimony depicted an unpleasant childhood with an emotionally distant and abusive father...

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