Tucker v. State Of Ohio
Filing
10
ORDER - In response to Jason Tucker's petition for writ of habeas corpus 1 , Respondent asserts that Tucker's Fourth Amendment search and seizure challenges to his convictions are not cognizable under Stone v. Powell, 428 U.S. 465 (1976). The record in the present case does not contain a transcript of the evidentiary hearing held by the trial judge in the Clark County Court of Common Pleas concerning Tucker's motion to suppress. In interest of resolving the instant case based on a complete record, inclusion of the evidentiary-hearing transcript is warranted. Accordingly, on or before July 1, 2012, Respondent shall file the transcript of the state court's evidentiary hearing (held on July 2, 2009) concerning Tucker's motion to suppress in State of Ohio v. Jason Tucker, Case No. 09-CR-383, Clark County, Ohio Court of Common Pleas. (See Doc. 6 , Exhibit 6). Signed by Magistrate Judge Sharon L Ovington on 6/7/2012. (sc1)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JASON TUCKER,
Petitioner,
:
Case No. 3:11cv00330
:
vs.
:
District Judge Walter Herbert Rice
Magistrate Judge Sharon L. Ovington
STATE OF OHIO,
:
Respondent.
:
ORDER
In response to Jason Tucker’s petition for writ of habeas corpus, Respondent
asserts that Tucker’s Fourth Amendment search and seizure challenges to his convictions
are not cognizable under Stone v. Powell, 428 U.S. 465 (1976).
The record in the present case does not contain a transcript of the evidentiary
hearing held by the trial judge in the Clark County Court of Common Pleas concerning
Tucker’s motion to suppress. In interest of resolving the instant case based on a complete
record, inclusion of the evidentiary-hearing transcript is warranted.
Accordingly, on or before July 1, 2012, Respondent shall file the transcript of the
state court’s evidentiary hearing (held on July 2, 2009) concerning Tucker’s motion to
suppress in State of Ohio v. Jason Tucker, Case No. 09-CR-383, Clark County, Ohio
Court of Common Pleas. (See Doc. #6, Exhibit 6).
June 7, 2012
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge
2
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