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EVANS v. HUDSON

No. 08-3717.

575 F.3d 560 (2009)

Glen EVANS, Sr., Petitioner-Appellee, v. Stuart HUDSON, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2009.

Attorney(s) appearing for the Case

ARGUED: Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

Before: MOORE and McKEAGUE, Circuit Judges; FORESTER, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Respondent-Appellant Stuart Hudson ("Hudson"), the warden of Mansfield Correctional Institution, appeals the district court's grant of a conditional writ of habeas corpus to Petitioner-Appellee Glen Evans ("Evans"), requiring the state of Ohio to resentence Evans within 90 days or release him. Hudson contends that the district court erred in concluding that Evans received ineffective assistance of appellate counsel...

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