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GILLISPIE v. WARDEN, LONDON CORRECTIONAL INST.

No. 13-3088.

771 F.3d 323 (2014)

Roger Dean GILLISPIE, Petitioner-Appellee, v. WARDEN, LONDON CORRECTIONAL INSTITUTION, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Stephanie L. Watson , Office of the Attorney General, Columbus, Ohio, for Appellant. Mark Godsey , Ohio Innocence Project, Cincinnati, Ohio, for Appellee. ON BRIEF: Stephanie L. Watson , Office of the Attorney General, Columbus, Ohio, for Appellant. Mark Godsey , Ohio Innocence Project, Cincinnati, Ohio, Pierre H. Bergeron , Squire Sanders LLP, Cincinnati, Ohio, for Appellee.

Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge.

OPINION

KETHLEDGE, Circuit Judge.

This case is before us a second time. In its first iteration, the State appealed a December 2011 order granting Roger Gillispie a conditional writ of habeas corpus. That appeal became moot, however, when in parallel proceedings the Ohio courts expressly vacated the criminal judgment that the State sought to preserve by means of its appeal. In connection with our dismissal of that appeal, the State failed to request that...

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