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VILLAGARCIA v. WARDEN, NOBLE CORRECTIONAL INST.

No. 07-3619.

599 F.3d 529 (2010)

Gerardo VILLAGARCIA, Petitioner-Appellee, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Diane Mallory, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Noel J. Francisco, Jones Day, Washington, D.C., for Appellee. ON BRIEF: Diane Mallory, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Noel J. Francisco, David J. Strandness, Jones Day, Washington, D.C., for Appellee. Gerardo Villagarcia, Caldwell, Ohio, pro se.

Before: MARTIN, SUHRHEINRICH, and WHITE, Circuit Judges.

OPINION

HELENE N. WHITE, Circuit Judge.

Respondent-Appellant, the Warden of Noble Correctional Institution ("Warden"), appeals a district court judgment granting Petitioner-Appellee Gerardo Villagarcia's petition for a writ of habeas corpus under 28 U.S.C. § 2254. We AFFIRM.

After an Ohio state-court jury convicted Villagarcia of child endangerment and felonious assault, the trial court sentenced him to two seven-year terms and one four-year...

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