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BIES v. BAGLEY

United States District Court, S.D. Ohio, Western Division
Mar 1, 2006
Case No. 1:00-cv-682 (S.D. Ohio Mar. 1, 2006)

Opinion

Case No. 1:00-cv-682.

March 1, 2006


ORDER ADOPTING REPORT AND RECOMMENDATION AND SUPPLEMENT AND GRANTING WRIT OF HABEAS CORPUS


This matter is before the Court on the Magistrate Judge's Report and Recommendation and Supplement on Petitioner's bifurcated Nineteenth Claim for Relief (docs. ##s 107, 110) ("Reports"); Respondent's Objections (docs. ##s 108, 111); and Petitioner's Responses (docs. ##s 109, 112). Upon review of the Magistrate's well-reasoned Reports, the parties' papers, and relevant authority, the Court ADOPTS the Magistrate's Reports (docs. ##s 107, 110) in their entirety.

The Court accordingly GRANTS Petitioner's Third Amended Petition for Writ of Habeas Corpus (doc. # 93) as to Petitioner's bifurcated Nineteenth Claim for Relief and ISSUES a writ of habeas corpus ad subjiciendum requiring the State of Ohio to vacate Petitioner's unconstitutional sentence of death and re-sentence him, in accordance with Ohio law, to some other sentence. This writ pertains exclusively to Petitioner's death sentence on his aggravated murder charge, and does not reach Petitioner's underlying aggravated murder conviction or his other convictions or sentences.

IT IS SO ORDERED.


Summaries of

BIES v. BAGLEY

United States District Court, S.D. Ohio, Western Division
Mar 1, 2006
Case No. 1:00-cv-682 (S.D. Ohio Mar. 1, 2006)
Case details for

BIES v. BAGLEY

Case Details

Full title:Michael Bies, Petitioner, v. Margaret Bagley, Warden, Respondent

Court:United States District Court, S.D. Ohio, Western Division

Date published: Mar 1, 2006

Citations

Case No. 1:00-cv-682 (S.D. Ohio Mar. 1, 2006)