John Drummond v. Marc Houk

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OPINION and JUDGMENT filed: The district court's partial grant of habeas corpus is AFFIRMED, and the case is REMANDED for a new trial. Decision for publication. R. Guy Cole, Jr. (AUTHORING), Richard Allen Griffin, and Raymond M. Kethledge (DISSENTING), Circuit Judges. [11-3024, 11-3039]

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Case: 11-3024 Document: 006111797359 Filed: 08/26/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nos. 11-3024/3039 JOHN DRUMMOND, Petitioner - Appellee/Cross - Appellant, Aug 26, 2013 DEBORAH S. HUNT, Clerk v. MARC HOUK, Warden, Respondent - Appellant/Cross - Appellee. Before: COLE, GRIFFIN, and KETHLEDGE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Youngstown. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s partial grant of habeas corpus is AFFIRMED, and the case is REMANDED for a new trial consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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