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As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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May 17, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Habeas petition - Certificate of Appealability
 

Ohio Supreme Court
 
No Opinions.
 
First District Court of Appeals
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No Opinions.
 
U.S. Sixth Circuit Court of Appeals:  Ohio Cases
 
Cooper v. Life Ins Co (May 17, 2007) (Appeal from N.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/07a0179p-06.pdf
-  Angela Garcia was convicted in an Ohio state court of aggravated murder, aggravated arson, and insurance fraud in connection with the deaths of her two young daughters as a result of a fire that she set in her home in order to collect insurance proceeds. She was sentenced to life imprisonment with the possibility of parole after 20 years. After exhausting her direct appeals in state court, Garcia petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising seven assignments of error. The district court denied the petition, but granted a Certificate of Appealability on the issue of whether the trial court’s failure to investigate Garcia’s allegations of juror misconduct warranted a new trial. For the reasons set forth below, we AFFIRM the judgment of the district court.
 
U.S. Sixth Circuit Court of Appeals: Other States Cases
 
Cooper v. Life Ins Co (May 17, 2007) (Appeal from E.D. Ky)
http://www.ca6.uscourts.gov/opinions.pdf/07a0178p-06.pdf
-  Petitioner Robert Carl Foley was convicted of murder in Kentucky and sentenced to death. After a lengthy appellate process in the Kentucky courts, Foley filed a habeas petition raising thirty-six separate grounds for relief. The district court reviewed and denied each one, but granted a Certificate of Appealability (COA) as to four of Foley’s claims. Upon Foley’s request, we expanded the COA to include a fifth claim. For the reasons set forth below, we affirm the district court’s judgment.
 
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