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07-2162 - Brooks v. Eberlin


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07-2162 - Brooks v. Eberlin
September 8, 2008
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Report and Recommendation that petitioner's 1 Petition for Writ of Habeas Corpus (2254) be conditionally GRANTED on his claim that he was improperly sentenced, that his sentence be VACATED, and that his release be ordered unless the State of Ohio re-sentences him within ninety (90) days from the time the Court's decision becomes final. Signed by Magistrate Judge Greg White on 9/8/2008. (S,S)
December 31, 2008
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Memorandum Opinion: The Court accepts the R&R to the extent it refused to consider respondent's argument that any Blakely claim was waived by the petitioner, but rejects it to the extent it found a Blakely violation which would warrant granting the writ (Doc. No. 21). Further, the Court concludes that, if there were a Blakely error, it was harmless. Petitioner's application for a writ of habeas corpus is denied. Judge Sara Lioi on 12/31/2008. (P,J)