Maurice Mason v. Betty Mitchell

OPINION

KAREN NELSON MOORE, Circuit Judge.

In a prior appeal, this court granted Petitioner-Appellant Maurice Mason (“Mason”) a conditional writ of habeas corpus, which the panel stated would “result in the vacation of his death sentence unless the state of Ohio commences a new penalty-phase trial against him within 180 days from the date that the judgment in this matter becomes final.” On remand, the district court entered its own conditional writ that, recalculated the date on which the 180-day period for the State to recommence proceedings against Mason—set by this court’s mandate—began. The…