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07-610 - Cooper v. Hudsman

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07-610 - Cooper v. Hudsman
April 18, 2008
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AMENDED Report and Recommendation that Cooper's petition be granted. Objections to R&R due by 5/2/2008. Signed by Magistrate Judge Nancy A. Vecchiarelli on 04/17/2008. (Referral terminated) (Related document 9) (G,W)
May 5, 2008
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Memorandum of Opinion and Order Adopting Report and Recommendation as amended with additional analysis, re 10, as to Ground Three; and Granting a writ of habeas corpus as to Ground Three, but only as to the extra 2 years for the substantive offenses. The Court vacates the extra 2 years of Cooper's sentences for aiding and abetting aggravated burglary and aggravated robbery, and directs the State of Ohio to re-sentence Cooper within 90 days of this decision or, if an appeal is taken from the Court's ruling, within 90 days of the resolution of the appeal (provided the Court's determination stands). Additionally, The Report and Recommendation as amended in parts, is Adopted with respect to Grounds 1 and 2, and they are both Dismissed, with the Court finding that a an appeal could not be taken in good faith and there is no basis for issuing a certificate of appealability as to the Dismissal of Grounds 1 and 2. Signed by Judge Dan Aaron Polster on 5/5/08. (C,B)