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LOVELL v. DUFFEY

No. 08-3142.

629 F.3d 587 (2011)

Joy LOVELL, Petitioner-Appellee, v. Sherri DUFFEY, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 6, 2011.

Attorney(s) appearing for the Case

ARGUED: M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Christopher J. Pagan , Repper, Pagan, Cook, Ltd., Middletown, Ohio, for Appellee. ON BRIEF: M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Christopher J. Pagan , Repper, Pagan, Cook, Ltd., Middletown, Ohio, for Appellee.

GILMAN, J., delivered the opinion of the court, in which THAPAR, D.J., joined. WHITE, J. (pp. 598-601), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Sherri Duffey, Warden of the Ohio Reformatory for Women in Marysville, Ohio, appeals the district court's issuance of a conditional writ of habeas corpus to Joy Lovell. The writ was granted on the ground that Lovell's attorney was ineffective in failing to advise her of the potential adverse consequences of rejecting the state prosecutor's plea offer. According to the district court, Lovell should be resentenced...

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