Gilbert v. Hudson
Petitioner: Larry Gilbert
Respondent: Stewart Hudson
Case Number: 1:2008cv01867
Filed: August 5, 2008
Court: US District Court for the Northern District of Ohio
Office: Habeas Corpus (General) Office
County: Cuyahoga
Presiding Judge: James S. Gallas
Presiding Judge: Dan Aaron Polster
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

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Date Filed Document Text
November 25, 2009 Opinion or Order Filing 17 Memorandum Opinion and Order vacating 15 Order on Motion to reopen case and Granting 14 Motion to reopen case filed by Larry Gilbert. Gilbert's objections are overruled and the 2254 petition is denied. Judge Dan Aaron Polster on 11/25/09. (P,R)
October 5, 2009 Opinion or Order Filing 12 Memorandum of Opinion and Order Adopting 11 Report and Recommendation and denying 1 Petition for Writ of Habeas Corpus (2254). Judge Dan Aaron Polster on 10/5/09. (P,R)
August 31, 2009 Opinion or Order Filing 11 Report and Recommendation that following review of the arguments raised in the petition and applicable law, Gilbert has not demonstrated that he is in custody pursuant to a judgment of the state appellate court which resulted in a decision tha t was contrary to or involved an unreasonable application of Federal law as determined by the Supreme Court of the United States. He has established that the state appellate court decision was the result of a decision based on an unreasonable interpr etation of the facts in light of the evidence in the State appellate court proceeding, but this demonstration did not improve his legal standing regarding his dissatisfaction with defense counsel. See 28 U.S.C. §2254(d)(1) and (2). The record discloses no error resulting in denial of fundamental fairness or cause to hesitate due to the probability of actual innocence. There has been no demonstrated need for an evidentiary hearing. It is recommended that this application for habeas corpus be denied. Objections to R&R due by 9/14/2009. Magistrate Judge James S. Gallas on 8/31/2009. (W,G)
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Petitioner: Larry Gilbert
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Respondent: Stewart Hudson
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