Willard McCarley v. Richard Hall

Filing

OPINION and JUDGMENT filed: The district court s denial of McCarley s 2254 petition is REVERSED, and the case is REMANDED to the district court with instructions to grant McCarley a conditional writ of habeas corpus. Decision for publication. Martha Craig Daughtrey (CONCURRING), Julia Smith Gibbons, and Bernice Bouie Donald (AUTHORING), Circuit Judges. *Pursuant to the opinion correction letter of 7/11/14, the opinion attached to this entry has been corrected.--[Edited 07/11/2014 by CL]

Case: 12-3825

Document: 75-1

Filed: 07/10/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: July 10, 2014
Mr. Kristopher Amos Haines
Ms. Melissa Mary Prendergast
Ohio Public Defender's Office
250 E. Broad Street, Suite 1400
Columbus, OH 43215
Ms. Mary Anne Reese
Office of the Attorney General
Criminal Justice Section
441 Vine Street, Suite 1700
Cincinnati, OH 45202-0000
Re: Case No. 12-3825, Willard McCarley v. Bennie Kelly
Originating Case No. : 5:09-cv-02012
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: Geri M. Smith
Enclosures
Mandate to issue.