Robert W. Carpenter, Petitioner-Appellee/cross-Appellant v. Gary C. Mohr, Warden, Respondent-Appellant/cross-Appellee

OPINION

NATHANIEL R. JONES, Circuit Judge.

Respondent Gary C. Mohr, a warden for the State of Ohio, appeals from the district court’s grant of a conditional writ of habeas corpus to petitioner Robert W. Carpenter. The district court held that Carpenter’s appellate counsel on direct appeal in state court was ineffective for failing to raise a sufficiency of the evidence claim, and ordered that the state court reinstate Carpenter’s appeal within ninety days or a writ of habeas corpus would be issued. Carpenter cross-appeals from the district court's decision not to decide his remaining habeas…