Archie Dixon v. Marc Houk


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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Archie Dixon v. Marc Houk Doc. 0 Att. 2 Case: 08-4019 Document: 006110811815 Filed: 12/09/2010 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: December 09, 2010 Mr. Michael J. Benza Law Office of Michael J. Benza 17850 Geauga Lake Road Chagrin Falls, OH 44023 Messrs Thomas E. Madden, Stephen E. Maher Office of the Ohio Attorney General 150 E. Gay Street, 16th Floor Columbus, OH 43215 Mr. Lawrence J. Whitney Burdon & Merlitti 137 S. Main Street, Suite 201 Akron, OH 44308 Re: Case No. 08-4019, Archie Dixon v. Marc Houk Originating Case No. 05-01290 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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