Sowell v. Collins

OPINION AND ORDER

EDMUND A. SARGUS, JR., District Judge.

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action pursuant to 28 U.S.C. § 2254. The Court’s original disposition of this case was reversed by the Sixth Circuit Court of Appeals on June 28, 2004. See Sowell v. Bradshaw, 372 F.3d 821 (6th Cir.2004). This matter is before the Court upon remand from the Sixth Circuit for a decision on the merits of petitioner’s remaining claims. For the reasons that follow, the writ of habeas corpus is conditionally granted.

I. INTRODUCTION

This…