Roger Gillispie v. Warden, London Correctional Inst.

OPINION

KETHLEDGE, Circuit Judge.

This case is before us a second time. In its first iteration, the State appealed a December 2011 order granting Roger Gil-lispie a conditional writ of habeas corpus. That appeal became moot, however, when in parallel proceedings the Ohio courts expressly vacated the criminal judgment that the State sought to preserve by means of its appeal. In connection with our dis- . missal of that appeal, the State failed to request that we vacate the conditional-writ order, though it likely could have obtained that relief if it had made the request. Instead, on remand, the…