United States Sixth Circuit

An unexhausted claim (that mental retardation negates a death sentence), mixed in a habeas petition with claims previously heard in state court, is remanded to state court, and remaining claims are stayed pending exhaustion of state remedies.

Appellate Information

• Decided 08/13/2002
• Published 08/13/2002

Judges

• Before MERRITT, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Mark A. Vander Laan (argued and briefed), Christopher R. McDowell (briefed), Amanda L. Prebble (briefed), Dinsmore & Shohl, Cincinnati, OH, for Petitioner-Appellant.


• For Appellees:
  
• Henry G. Appel (argued and briefed), Atty. Gens. Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.