United States Sixth Circuit

In proceedings arising from an earlier grant of habeas relief in an involuntary manslaughter case and a subsequent hung jury upon retrial, denial of petitioner's motion for an unconditional release and for a stay of the state-court proceedings is affirmed where there was no error in the district court's denial of petitioner's motion, and the circuit court could not revisit its earlier decision granting habeas relief.

Appellate Information

• Decided 10/31/2006
• Published 10/31/2006

Judges

• Before MOORE and GILMAN, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Dennis C. Belli, Columbus, Ohio, for Appellant.  Bruce D. Horrigan, Assistant Attorney General, Corrections Litigation Section, Cleveland, Ohio, for Appellee.   ON BRIEF:  Dennis C. Belli, Columbus, Ohio, for Appellant.  Bruce D. Horrigan, Assistant Attorney General, Corrections Litigation Section, Cleveland, Ohio, for Appellee.