Legal Opinion

Girts v. YANAI

Court of Appeals for the Sixth Circuit

Decided March 29, 2010No. 18-4036PublishedCited by 37 opinions

1Opinion of the CourtClay, J., joined by Martin, J.,

BATCHELDER, C.J. (pp. 588-91), delivered a separate opinion concurring in the judgment only.

OPINION

CLAY, Circuit Judge.

Petitioner Roberts Girts appeals the district court’s decision not to bar a pending third trial following the state’s failure to retry Petitioner within the time provided by this Court’s conditional grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has twice been convicted of the 1992 murder of his wife. Both convictions were subsequently overturned based on prosecutorial misconduct. The first conviction was overturned by the state court on direct…

2Cases cited25 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. United States v. JornSupreme Court of the United States · 1971
  4. Hilton v. BraunskillSupreme Court of the United States · 1987
  5. Oregon v. KennedySupreme Court of the United States · 1982

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3Cited by37 opinions

  1. Phillips v. Court of Common Pleas, Hamilton CountyCourt of Appeals for the Sixth Circuit · 2012
  2. D'AMBROSIO v. BagleyCourt of Appeals for the Sixth Circuit · 2011
  3. Maurice Mason v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2013
  4. United States v. FerreiraCourt of Appeals for the Sixth Circuit · 2011
  5. Newburgh/Six Mile Limited v. Adlabs Films USA, Inc.Court of Appeals for the Sixth Circuit · 2012

32 more not listed; retrieve them via the Exa API.

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