Andre Williams v. Betty Mitchell


OPINION and JUDGMENT filed : The judgment of the district court is VACATED, and the case is REMANDED so that the district court may grant a conditional writ of habeas corpus prohibiting Williams s execution unless the State reassesses Williams s Atkins petition. Decision for publication. Karen Nelson Moore (AUTHORING), Julia Smith Gibbons (CONCURRING IN PART AND IN THE JUDGMENT), and John M. Rogers, Circuit Judges. [03-3626, 12-4269]

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Case: 03-3626 Document: 196-1 Filed: 07/07/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: July 07, 2015 Ms. Jillian S. Davis Mr. Alan C. Rossman Ms. Vicki Ruth Adams Werneke Mr. Joseph E. Wilhelm Federal Public Defender's Office 1660 W. Second Street, Suite 750 Cleveland, OH 44113 Mr. Matthew C. Hellman Mr. Stephen E. Maher Office of the Attorney General of Ohio 150 E. Gay Street, 16th Floor Columbus, OH 43215 Re: Case Nos. 03-3626/12-4269, Andre Williams v. Betty Mitchell Originating Case Nos. : 09-02246; 99-02399 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Geri M. Smith Enclosures Mandate to issue.

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