Judah Hargrove v. Anthony J. Brigano
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge.
I. BACKGROUND
On January 28, 2000, Judah Hargrove filed a petition for a writ of habeas corpus, asserting that there was constitutionally insufficient evidence to sustain his conviction for aggravated burglary. Warden Anthony Brigano filed a motion to dismiss, asserting that Hargrove’s claim was not exhausted.
The magistrate judge recommended that the petition be dismissed because Har-grove had not filed an appeal to the Ohio Supreme Court and that he could do so by filing a motion for delayed appeal. 1 The magistrate judge further recommended that the…
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