Madsen v. McFaul

Madsen v. McFaul

Petitioner:	Joshua A. Madsen
Respondent:	Gerald T. McFaul
Case Number:	1:2008cv00202
Filed:	January 24, 2008
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Vernelis K. Armstrong
Presiding Judge:	Jack Zouhary
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
August 13, 2009	Filing 18 Memorandum Opinion and Order After conducting a de novo review of the portions of the Mag's R&R re 11 objected to by the State and hearing the parties at oral argument, this Court finds a re-prosecution of Petitioner on the kidnapping c ount would violate the Double Jeopardy Clause. This Court grants petitioner a writ of Habeas Corpus discharging him from further confinement and enjoins the State from re-prosecuting Petitioner on the kidnapping count. Judge Jack Zouhary on 8/13/09. (B,CJ)
January 5, 2009	Filing 11 Report and Recommendation that the Court grant Writ, issue a writ enjoining State of Ohio from prosecuting Petitioner second time for kidnaping, issue writ for Petitioners immediate release and return of his bond and terminate referral to Magistrate. Objections to R&R due by 1/19/2009. Magistrate Judge Vernelis K. Armstrong on 1/5/09. (A,P)

Date Filed

Document Text

August 13, 2009

Filing 18 Memorandum Opinion and Order After conducting a de novo review of the portions of the Mag's R&R re 11 objected to by the State and hearing the parties at oral argument, this Court finds a re-prosecution of Petitioner on the kidnapping c ount would violate the Double Jeopardy Clause. This Court grants petitioner a writ of Habeas Corpus discharging him from further confinement and enjoins the State from re-prosecuting Petitioner on the kidnapping count. Judge Jack Zouhary on 8/13/09. (B,CJ)

January 5, 2009

Filing 11 Report and Recommendation that the Court grant Writ, issue a writ enjoining State of Ohio from prosecuting Petitioner second time for kidnaping, issue writ for Petitioners immediate release and return of his bond and terminate referral to Magistrate. Objections to R&R due by 1/19/2009. Magistrate Judge Vernelis K. Armstrong on 1/5/09. (A,P)

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Petitioner: Joshua A. Madsen
Represented By:	Alan C. Rossman
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Respondent: Gerald T. McFaul
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