D was indicted for the intentional fire-arm killings of two individuals. P filed a notice of intent to seek the death penalty. D alleged that P had determined to seek the death penalty against him because of his race. D moved to dismiss the death penalty notice and, in the alternative, for the discovery of information relating to P's capital charging practices. The court granted the motion for discovery, and P informed the court that it would not comply. The court dismissed the death penalty notice. The Sixth Circuit affirmed. P appealed.

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