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BIES v. BAGLEY

No. 06-3471.

519 F.3d 324 (2008)

Michael BIES, Petitioner-Appellee, v. Margaret BAGLEY, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 27, 2008.

Attorney(s) appearing for the Case

ARGUED: Carol Ann Ellensohn, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Randall L. Porter, Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: Carol Ann Ellensohn, Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant. Randall L. Porter, Public Defender's Office, Columbus, Ohio, S. Scott Haynes, Reynoldsburg, Ohio, for Appellee.

Before: DAUGHTREY, MOORE, and CLAY, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Respondent Margaret Bagley, warden of the prison where Petitioner Michael Bies is incarcerated, appeals the order of the district court granting Petitioner a writ of habeas corpus pursuant to 28 U.S.C. § 2254, vacating his sentence of death, and ordering that he be resentenced to receive a sentence other than death. Respondent claims that, even though Petitioner was found to be mentally retarded on direct appeal, Ohio should...

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