Mitts v. Bagley


OPINION and JUDGMENT filed: District Court's conclusions as to ineffective assistance of counsel are AFFIRMED; case is REMANDED with instructions to issue a writ of habeas corpus vacating petitioner's death sentence unless the State conducts a new penalty phase proceeding within 180 days of remand, decision for publication pursuant to local rule 206. Gilbert S. Merritt (AUTHORING), Boyce F. Martin, Jr., Eugene E. Siler, Jr. (CONCURRING IN PART AND DISSENTING IN PART), Circuit Judges.

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Mitts v. Bagley Doc. 0 Att. 2 Case: 05-4420 Document: 006110726905 Filed: 09/08/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Leonard Green Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: September 08, 2010 Mr. Robert A. Dixon 4403 St. Clair Avenue Cleveland, OH 44103 Mr. Jeffry F. Kelleher Jeffry F. Kelleher & Associates 526 Superior Avenue, E. Cleveland, OH 44114 Stephen E. Maher, Morgan A. Linn, Justin M. Lovett Office of the Ohio Attorney General 150 E. Gay Street, 16th Floor Columbus, OH 43215 Mr. Laurence R. Snyder Office of the Ohio Attorney General 615 W. Superior Avenue Cleveland, OH 44113 Re: Case No. 05-4420, Mitts v. Bagley Originating Case No. 03-01131 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, Leonard Green, Clerk Linda K. Martin Deputy Clerk Enclosures Mandate to issue.

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