Hand v. Houk

Filing 148

JUDGMENT by clerk; denying the petition for a writ of habeas corpus and granting in part and denying in part a certificate of appealability. Case Terminated. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
Gerald Hand,
Petitioner
-vs-

Case No. 2:07-cv-846

Marc Houk, Warden,
Respondent

JUDGMENT
Jury Verdict.

X

Decision by
Court:

This action came before the Court for a trial by jury. The
issues have been tried and the jury has rendered its
verdicts.

This action came to trial or hearing before the Court.
The issues have been tried or heard and a decision has
been rendered.

IT IS ORDERED AND ADJUDGED that the Report & Recommendations
(doc. 144) is ADOPTED in full. Petitioner’s petition for a writ of habeas corpus is
DENIED. Petitioner is granted a certificate of appealability on Ground Two (fair
presentation issue only); Ground Four, sub-claim 2; Ground Five, sub-claims 2, 6, and
7; Ground Six; Ground Eight; and the merits of sub-claim 2 of Ground Nine. As to
each of these claims, the Court finds that reasonable jurists could reach different
conclusions on the constitutional issues raised, or whether this Court was correct in
its procedural rulings. The Court denies a certificate of appealability on the rest of
Petitioner’s petition.
Date: January 3, 2014

John P. Hehman, Clerk

By: s/Mary C. Brown
Mary C. Brown, Deputy Clerk