Thomas Barton v. Warden, Southern Ohio Correcti

Filing

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.

Case: 12-4003

Document: 64-3

Filed: 05/15/2015

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-4003
THOMAS BARTON,
Petitioner - Appellant,

FILED
May 15, 2015
DEBORAH S. HUNT, Clerk

v.
WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY,
Respondent - Appellee.

Before: MOORE, WHITE, and DONALD, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk