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MASON v. MITCHELL

No. 1:99CV524.

396 F.Supp.2d 837 (2005)

Maurice MASON, Petitioner, v. Betty MITCHELL, Warden, Respondent.

United States District Court, N.D. Ohio, Western Division.

October 31, 2005.

Attorney(s) appearing for the Case

Carol A. Wright, David C. Stebbins, Columbus, OH, Patricia A. Snyder, Cleveland, OH, for Petitioner.

Anna M. Franceschelli, Carol A. Ellensohn, Charles L. Wille, Gregory A. Perry, Henry G. Appel, Jonathan R. Fulkerson, Matthew C. Hellman, Matthew J. Lampke, Stuart A. Cole, Office of the Attorney General, Columbus, OH, for Respondent.

MEMORANDUM OPINION AND ORDER

KATZ, District Judge.

This case is before the Court on remand from the Sixth Circuit. In its Mandate Order, the Sixth Circuit held that it could not determine from the record whether Petitioner's trial counsel were ineffective for failing to investigate and present evidence during the mitigation phase of trial. Consequently, the Sixth Circuit remanded the case to this Court to hold an evidentiary hearing on this claim...

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