Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  

  FDsys > More Information
(Search string is required)

06-398 - Davis v. Eberlin

Download Files


Document in Context
06-398 - Davis v. Eberlin
August 25, 2006
PDF | More
Report and Recommendation that the court grant Davis's petition for a writ of habeas corpus with respect to Davis's second ground for relief and vacate Davis's conviction unless the state of Ohio grants Davis a direct appeal within 90 days. Signed by Magistrate Judge Patricia A. Hemann on 8/25/2006. (W, Gloria) Modified docket text on 9/7/2006 (R, N).
March 3, 2008
PDF | More
Memorandum Opinion and Order: The Magistrate Judge's Report and Recommendation (Related Doc # 12) is adopted, in part, and rejected, in part. The portions of the Report that find a procedural default on the due process claim and recommend that Petitioner's conviction for felonious assault be vacated unless the State grants Davis a direct appeal within 90 days are rejected. The recommendation that the Court find that consideration of the factors in Ohio Rev. Code Section 2929.14(B) rendered the sentence unconstitutional is rejected. The remainder of the Report is adopted. The Court conditionally grants a writ of habeas corpus (Related Doc # 1) as to Petitioner's claim that his sentence violated Blakely and his claim that his appellate counsel was ineffective for failing to raise Petitioner's Blakely claim. The Court directs the State of Ohio to resentence Petitioner in accordance with this Memorandum Opinion within 90 days of this decision, or, if an appeal is taken from the Court's ruling, within 90 days from the resolution of the appeal (provided that this Court's determination stands), or release him. Signed by Judge Sara Lioi on 3/3/2008. (P,J)