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07-2204 - Stalnaker v. Bobby

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07-2204 - Stalnaker v. Bobby
September 24, 2008
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Report and Recommendation that Stalnaker's Petition be denied as to ground one but be conditionally granted as to ground two on the Blakely claim that he was improperly sentenced to "non-minimum" prison terms. Consequently, the undersigned recommends that Petitioner's sentence be vacated and that his release be ordered unless the State of Ohio resentences him within 90 days from the time the Court's decision becomes final. Objections to R&R due by 10/8/2008. Signed by Magistrate Judge Greg White on 9/24/08. (R,N)
November 12, 2008
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Memorandum, Opinion and Order Adopting Report and Recommendation 9. Petition is granted as to part of ground two of petition resting on Blakely v. Washington claim that Stalnaker was improperly sentenced and denied as to remainder of petition. Signed by Judge Dan Aaron Polster on 11/10/08. (C,KA)