Legal Opinion

David A. Mapes, Petitioner-Appellee/cross-Appellant v. Arthur Tate, Warden, Respondent-Appellant/cross-Appellee

Court of Appeals for the Sixth Circuit

Decided November 3, 2004No. 01-3828, 01-3891PublishedCited by 52 opinions

1Opinion of the Court

OPINION

RYAN, Circuit Judge.

The state of Ohio, through Warden Arthur Tate, appeals from the district court’s order granting David A. Mapes a conditional writ of habeas corpus unless the Ohio courts review his sentence within 90 days. For the following reasons, we AFFIRM.

I

The facts of this case are fully reported in our previous decision in Mapes v. Coyle, 171 F.3d 408 (6th Cir.1999) (Mapes I), and are only briefly recounted here. Mapes was convicted of aggravated murder in the shooting death of John Allen during a robbery at Allen’s bar in Cleveland, Ohio. Because Mapes had previously been…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Wilson v. SeiterSupreme Court of the United States · 1991
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Duncan v. LouisianaSupreme Court of the United States · 1968
  5. Eddings v. OklahomaSupreme Court of the United States · 1982

11 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Linda Stermer v. Millicent WarrenCourt of Appeals for the Sixth Circuit · 2020
  2. Ronald R. Harries, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2005
  3. Small v. Commissioner of CorrectionSupreme Court of Connecticut · 2008
  4. Goff v. BagleyCourt of Appeals for the Sixth Circuit · 2010
  5. Edward Jerome Harbison v. Ricky Bell, WardenCourt of Appeals for the Sixth Circuit · 2005

47 more not listed; retrieve them via the Exa API.

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