Brooks v. Bagley, No. 11-4142 (6th Cir. 2011)
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Petitioner murdered his three sons as they slept in their home, two days after his wife served him with divorce papers. An Ohio court sentenced him to death. His appeals and collateral challenges in state court were unsuccessful and federal courts denied. habeas corpus. His execution for November 15, 2011. The district court denied his Rule 60(b) motion to reopen his habeas petition and a motion to stay his execution. The Sixth Circuit denied a stay of execution. Petitioner waited too long to file his Rule 60(b) motion and offered no justification for the delay. He has known about the factual underpinnings of his conflict-of-interest and ineffective assistance of counsel arguments since 2006. Those arguments have already been addressed and are barred from further review. Petitioner also cannot overcome the bar on second or successive habeas petitions.
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