Archie Dixon v. Marc Houk

Filing

OPINION and JUDGMENT filed: Petition for writ of habeas corpus is GRANTED in accordance with the opinion of the court and the state has 180 days to retry petitioner; the other issues raised in the petition are pretermitted, decision for publication pursuant to local rule 206. Gilbert S. Merritt (AUTHORING), Eugene E. Siler, Jr. (DISSENTING), R. Guy Cole, Jr. (CONCURRING), Circuit Judges.

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Case: 08-4019 Document: 006110811813 Filed: 12/09/2010 Page: 1 UNITED STATES COURT OF APPEALS F O R THE SIXTH CIRCUIT N o . 08-4019 FILED A R C H IE DIXON, P etitioner - Appellant, v. M A R C C. HOUK, Warden, R esp on d en t - Appellee. Dec 09, 2010 LEONARD GREEN, Clerk Before: MERRITT, SILER, and COLE, Circuit Judges. JUDGMENT O n Appeal from the United States District Court fo r the Northern District of Ohio at Toledo. T H IS CAUSE was heard on the record from the district court and was argued by c o u n se l. IN CONSIDERATION WHEREOF, it is ORDERED that the petition by petitioner A rchie Dixon for a writ of habeas corpus is GRANTED pursuant to 28 U.S.C. 2254(d) and the State has 180 days to retry petitioner Dixon. In light of this court's ruling on the coercive police interrogation issue, the other issues raised in the petition are pretermitted. E N T E R E D BY ORDER OF THE COURT L eo n ard Green, Clerk

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