LOVEJOY v. COLLINS, (S.D.Ohio 2003)

GEORGE C. SMITH, District Judge

This case is before this Court pursuant to remand by the United States Court of Appeals for the Sixth Circuit.

On September 22, 1998, petitioner filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he alleged that his June 2, 1995, conviction on aggravated murder in the Franklin County Court of Common Pleas was in violation of the Constitution of the United States based on grounds of double jeopardy and collateral estoppel. On April 20, 2001, this Court denied the petition for a writ of habeas corpus and dismissed the action. Doc. #11. Petitioner filed an appeal of this Court's decision to the United States Court of Appeals for the Sixth Circuit, and on December 23, 2002, the Sixth Circuit reversed this Court's decision. Lovejoy v. Collins, No. 01-3549 (6th Cir. December 23, 2002); Docs. #20, 21.

Pursuant to the mandate of the United States Court of Appeals for the Sixth Circuit, the petition for a writ of habeas corpus is GRANTED. Petitioner's aggravated murder conviction of June 2, 1995, is VACATED.