CARPENTER v. MOHR

Nos. 97-3392, 97-3393.

163 F.3d 938 (1998)

Robert W. CARPENTER, Petitioner-Appellee/Cross-Appellant, v. Gary C. MOHR, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1998.


Attorney(s) appearing for the Case

Dennis C. Belli (argued and briefed), Columbus, OH, for Petitioner-Appellee/Cross-Appellant.

Charles L. Wille (argued), Jon C. Walden (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Respondent-Appellant/Cross-Appellee.

Before: MERRITT, JONES, and NORRIS, Circuit Judges.


OPINION

NATHANIEL R. JONES, Circuit Judge.

Respondent Gary C. Mohr, a warden for the State of Ohio, appeals from the district court's grant of a conditional writ of habeas corpus to petitioner Robert W. Carpenter. The district court held that Carpenter's appellate counsel on direct appeal in state court was ineffective for failing to raise a sufficiency of the evidence claim, and ordered that the state court reinstate Carpenter's appeal within ninety days...

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