District court's denial of a petition for habeas relief by a defendant convicted of rape and kidnapping is affirmed as the physical evidence supporting a vaginal rape charge was sufficiently weighty that the prosecution's conduct, while highly inappropriate, did not have a substantial and injurious effect on the jury's verdict.
Argued: November 17, 2009
Decided and Filed: January 14, 2010
Opinion by Circuit Judge Merritt
For Appellant: Kenneth J. Rexford, Kenneth J. Rexford & Co., LLC
For Appellee: M. Scott Criss, Office of teh Ohio Attorney General