Smith v. Eppinger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DAVID SMITH, ) Case No. 5:20-cv-438 ) Petitioner, ) Judge J. Philip Calabrese ) v. ) Magistrate Judge Darrell A. Clay ) CYNTHIA DAVIS, ) ) Respondent. ) ) OPINION AND ORDER The Sixth Circuit reversed the denial of a writ of habeas corpus and remanded “with instructions that the district court issue Smith a writ of habeas corpus unless the State proceeds, within 180 days, to prosecute Smith in a new trial without utilizing Tolliver’s identification of Smith, which shall be suppressed and excluded from evidence.” (ECF No.…