Bies v. Bagley

Filing 175

ORDER that the Third Amended Petition for Writ of Habeas Corpus (doc. 93) is GRANTED CONDITIONALLY IN PART AND DENIED IN PART. Likewise, the Report and Recommendations (doc. 167) and Supplemental Report and Recommendations (doc. 173) are ADOPTED IN PART AND OVERRULED IN PART and Petitioners Objections to the R&R (doc. 171) and Objections to the Supp. R&R (doc. 174) are SUSTAINED IN PART AND OVERRULED IN PART. The Third Amended Petition for Writ of Habeas Corpus is granted conditionally as to t he other suspects subclaim of the Fourth Claim for Relief only, the condition being that the State of Ohio conduct a new trial of Petitioner within 180 days from the date of final judgment in these proceedings. The case is remanded to the Supreme Co urt of Ohio for further proceedings not inconsistent with this Order.Additionally, the Court grants a certificate of appeal as to the First, Second, and Third Claims for Relief, the remainder of the Fourth Claim for Relief, and the Sixth Claim for Relief.. Signed by Chief Judge Susan J. Dlott (wam1)