Russell Ledbetter v. Ron Edwards, Warden

BOGGS, Circuit Judge.

The State of Ohio appeals from the district court’s decision, on two separate grounds, to issue a writ of habeas corpus on behalf of Russell Ledbetter. For the reasons set forth below, we reverse on both grounds.

I

Ledbetter had been indicted by an Ohio grand jury on one count of kidnapping, one count of abduction, one count of robbery, one count of theft, and two counts of having a weapon while under disability. The kidnapping, theft, and robbery charges were tried by jury in July 1988, and resulted in the jury finding Ledbetter guilty of abduction with respect to the…