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Fautenberry v. Mitchell, No. 09-3819

In a capital murder matter, the District Court's order denying Petitioner's motion seeking funds to hire a neuropsychologist to assist in the preparation of his state clemency petition is affirmed, where Petitioner advanced no evidence from which the District Court could find that the proposed evaluation would not be duplicative.

Read Fautenberry v. Mitchell, No. 09-3819

Appellate Information

Submitted: July 7, 2009

Decided and Filed: July 10, 2009


Opinion by Judge Batchelder


For Appellant:

Dennis Lyle Sipe, Buell & Sipe Co., Marietta, OH

For Appellee:

Justin M. Lovett, Office of the Ohio Attorney General, Columbus, OH