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: 75-3

Filed: 07/10/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-3825

FILED

WILLARD MCCARLEY,
Petitioner - Appellant,

Jul 10, 2014
DEBORAH S. HUNT, Clerk

v.
BENNIE KELLY, Warden,
Respondent - Appellee.
Before: DAUGHTREY, GIBBONS, and DONALD, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Akron.
THIS CAUSE was heard on the record from the district court and was submitted on the
briefs without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk