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GIRTS v. YANAI

No. 08-4592.

600 F.3d 576 (2010)

Robert GIRTS, Petitioner-Appellant, v. Chris YANAI, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Matthew D. Ridings, Thompson Hine LLP, Cleveland, Ohio, for Appellant. Stephen P. Carney, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Matthew D. Ridings, Robert F. Ware, Thompson Hine LLP, Cleveland, Ohio, for Appellant. Stephen P. Carney, Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

CLAY, J., delivered the opinion of the court, in which MARTIN, J., joined. BATCHELDER, C.J. (pp. 588-91), delivered a separate opinion concurring in the judgment only.

OPINION

CLAY, Circuit Judge.

Petitioner Roberts Girts appeals the district court's decision not to bar a pending third trial following the state's failure to retry Petitioner within the time provided by this Court's conditional grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has twice been convicted of the 1992 murder of his wife. Both convictions were subsequently overturned based on prosecutorial misconduct. The first conviction...

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