Thomas Barton v. Warden, Southern Ohio Correcti

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PER CURIAM OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and Barton s petition for a writ of habeas corpus is CONDITIONALLY GRANTED, unless the State retries Barton within six months of the filing date of this court s opinion and judgment. Decision for publication. Karen Nelson Moore, Helene N. White, and Bernice Bouie Donald, Circuit Judges.

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Case: 12-4003 Document: 64-1 Filed: 05/15/2015 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. (513) 564-7000 www.ca6.uscourts.gov Filed: May 15, 2015 Mr. M. Scott Criss Office of the Attorney General of Ohio 150 E. Gay Street, 16th Floor Columbus, OH 43215 Mr. Christopher James Pagan Repper, Pagan, Cook 1501 First Avenue Middletown, OH 45044 Re: Case No. 12-4003, Thomas Barton v. Warden, Southern Ohio Corr. Originating Case No. : 1:09-cv-00353 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: Mr. Richard W. Nagel Enclosures Mandate to issue.

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