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D'AMBROSIO v. BAGLEY

No. 10-3247.

656 F.3d 379 (2011)

Joe D'AMBROSIO, Petitioner-Appellee, v. Margaret BAGLEY, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. John Q. Lewis , Jones Day, Cleveland, Ohio, for Appellee. ON BRIEF: Stephen E. Maher , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. John Q. Lewis , Jones Day, Cleveland, Ohio, David E. Mills , the Mills Law Office LLC, Cleveland, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which GIBBONS, J., joined. BOGGS, J. (pp. 390-97), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This case requires this court to resolve whether a federal court has jurisdiction to bar the reprosecution of a criminal defendant when the court determines that the state has failed to comply with an earlier order issuing a conditional writ of habeas corpus. Margaret Bagley, warden for the State of Ohio, appeals the district court's decision to vacate a prior order and issue an unconditional writ that bars the reprosecution...

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