Legal Opinion

Noland v. Hurley

District Court, S.D. Ohio

Decided October 18, 2007No. 1:05-cv-00682PublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER

MICHAEL H. WATSON, District Judge.

On January 17, 2007, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas pursuant to 28 U.S.C. § 2254 conditionally be granted on petitioner’s claim that his sentence violated Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and that petitioner’s sentence be vacated and petitioner released from incarceration unless the State of Ohio re-sentences him within ninety days. Doc. No. 22. Respondent has filed objections to the Magistrate Judge’s…

2Cases cited39 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Thomas v. ArnSupreme Court of the United States · 1986
  4. Apprendi v. New JerseySupreme Court of the United States · 2000
  5. United States v. BookerSupreme Court of the United States · 2004

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3Cited by3 opinions

  1. Cvijetinovic v. EberlinDistrict Court, N.D. Ohio · 2008
  2. Smith v. PetkovichDistrict Court, N.D. Ohio · 2008
  3. Hill v. SheetsDistrict Court, S.D. Ohio · 2008

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