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MAPES v. TATE

No. 01-3828, 01-3891.

388 F.3d 187 (2004)

David A. MAPES, Petitioner-Appellee/Cross-Appellant, v. Arthur TATE, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 3, 2004.

Attorney(s) appearing for the Case

ARGUED: Stephen E. Maher, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellant. Harry R. Reinhart, Columbus, OH, for Appellee.

ON BRIEF: Stephen E. Maher, Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellant. Harry R. Reinhart, Carol Wright, Columbus, OH, for Appellee.

Before: RYAN, SILER, and DAUGHTREY, Circuit Judges.

OPINION

RYAN, Circuit Judge.

The state of Ohio, through Warden Arthur Tate, appeals from the district court's order granting David A. Mapes a conditional writ of habeas corpus unless the Ohio courts review his sentence within 90 days. For the following reasons, we AFFIRM.

I.

The facts of this case are fully reported in our previous decision in Mapes v. Coyle, 171 F.3d 408 (6th Cir.1999) (...

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