Opinion
Case No. 1:94-cv-0178.
November 6, 2006
ORDER
On December 15, 2000, this Court issued an order conditionally granting Petitioner a writ of habeas corpus with respect to three of his petition's claims. The judgment was stayed pending appeal to the Court of Appeals for the Sixth Circuit. On July 24, 2006, the Sixth Circuit affirmed in part and vacated in part the December 15, 2000 order, and remanded the matter to this Court with instructions "to issue a writ of habeas corpus vacating Poindexter's death sentence unless the state of Ohio conducts a new penalty proceeding within 180 days of remand." The Sixth Circuit mandate was issued on August 15, 2006, and the Warden has not appealed this ruling.
Therefore, the Court hereby ORDERS that Petitioner's death sentence is VACATED unless the State of Ohio conducts a new penalty proceeding within 180 days of the issuance of the mandate of the Sixth Circuit Court of Appeals.