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MASON v. MITCHELL

No. 11-4020.

729 F.3d 545 (2013)

Maurice A. MASON, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2013.

Rehearing and Rehearing En Banc Denied October 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Kort W. Gatterdam , Carpenter, Lipps & Leland LLP, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Kort W. Gatterdam , Carpenter, Lipps & Leland LLP, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: BOGGS, MOORE, and CLAY, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In a prior appeal, this court granted Petitioner-Appellant Maurice Mason ("Mason") a conditional writ of habeas corpus, which the panel stated would "result in the vacation of his death sentence unless the state of Ohio commences a new penalty-phase trial against him within 180 days from the date that the judgment in this matter becomes final." On remand, the district court entered its own conditional writ that...

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