Opinion
Case No. C-1-03-288.
February 3, 2006
WRIT OF CERTIORARI
TO TOM BOEING, HAMILTON COUNTY EXHIBITS CUSTODIAN:
SIR:
The above-captioned action is pending before this Court on a pending Petition for Writ of Habeas Corpus ad Subjiciendum. Petitioner was convicted and sentenced to death in Hamilton County Common Pleas Case No. B-953105 and the matter was considered by the Hamilton County Court of Appeals in its Case No. C-960253 and by the Ohio Supreme Court in its Case No. 98-1209.
In order to adjudicate the Petition for Writ of Habeas Corpus, this Court has need of the original records in your custody regarding Petitioner. A federal district court has authority to issue of writ of certiorari to obtain such records pursuant to 28 U.S.C. § 1651.
The items requested in this case are identified on the attached Index of Trial Exhibits as follows:
STATE'S EXHIBITS:
No. 1 thru No. 8
No. 11 thru No. 49
No. 52 thru No. 57A
No. 61
No. 63A thru No. 66
DEFENDANT'S EXHIBITS:
No. 1 thru No. 11
No. 13 thru No. 26
No. 28 thru No. 47
Accordingly, you are hereby ORDERED to certify the relevant portions of the original record in the trial in your Court involving Petitioner and deliver the same to the Clerk of this Court at Room 702, 200 West Second Street, Dayton, Ohio 45402, not later than February 15, 2006.
HEREIN FAIL NOT.
The Clerk is ORDERED to serve this Writ by certified mail, return receipt requested.