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United States Sixth Circuit


DIAZ v. KINKELA, 99-4379

Ohio's "bad time" statute is an unconstitutional violation of Ohio's separation of powers doctrine, but petitioner must seek application for post-release control based upon "bad acts" time in the Ohio courts before seeking habeas relief.

Appellate Information

  • Decided 06/04/2001
  • Published 06/04/2001

Judges

  • Before JONES, BATCHELDER, and CLAY, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Jill E. Stone (briefed), Stephen P. Hardwick (briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Appellant.

  • For Appellees:
  • Diane Mallory (briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Appellees.
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