Bies v. Bagley
Petitioner: Michael Bies
Respondent: Margaret A Bagley
Case Number: 1:2000cv00682
Filed: October 14, 2009
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
Presiding Judge: Susan J. Dlott
Presiding Judge: Michael R Merz
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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Date Filed Document Text
February 11, 2015 Opinion or Order Filing 186 ORDER - Upon agreement of the parties and Judge Myers, it is hereby ORDERED that the trial required by the conditional writ is deemed to have been commenced on February 5, 2015, by holding the pretrial conference. Signed by Magistrate Judge Michael R Merz on 2/11/2015. (kpf1)
April 10, 2012 Opinion or Order Filing 175 ORDER that the Third Amended Petition for Writ of Habeas Corpus (doc. 93) is GRANTED CONDITIONALLY IN PART AND DENIED IN PART. Likewise, the Report and Recommendations (doc. 167) and Supplemental Report and Recommendations (doc. 173) are ADOPTED IN PART AND OVERRULED IN PART and Petitioners Objections to the R&R (doc. 171) and Objections to the Supp. R&R (doc. 174) are SUSTAINED IN PART AND OVERRULED IN PART. The Third Amended Petition for Writ of Habeas Corpus is granted conditionally as to t he other suspects subclaim of the Fourth Claim for Relief only, the condition being that the State of Ohio conduct a new trial of Petitioner within 180 days from the date of final judgment in these proceedings. The case is remanded to the Supreme Co urt of Ohio for further proceedings not inconsistent with this Order.Additionally, the Court grants a certificate of appeal as to the First, Second, and Third Claims for Relief, the remainder of the Fourth Claim for Relief, and the Sixth Claim for Relief.. Signed by Chief Judge Susan J. Dlott (wam1)
February 10, 2012 Opinion or Order Filing 173 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is respectfully recommended that Bies be granted a Certificate of Appealability on his fourth ground for relief, as it is clear that reasonable jurists could disagree as to whether that part of Bies' ; petition states a valid claim of a denial of a constitutional right. In addition, a Certificate of Appealability should be issued as to Bies' sixth ground for relief as reasonable jurists may find the Magistrate Judges conclusions on the proc edural and substantive issues debatable. As for Bies' first, second, third, and fifth grounds for relief, it is recommended that no Certificate of Appealability be issued. Objections to R&R due by 2/27/2012. Signed by Magistrate Judge Michael R Merz on 2/10/2012. (kpf1)
July 16, 2010 Opinion or Order Filing 153 ORDER DISSOLVING STAY AND SETTING SCHEDULE - The stay pending completion of the state court proceedings is DISSOLVED. Because Petitioner is no longer under a sentence of death, he is no longer entitled to appointed counsel under 18 U.S.C. § 3599 . Mr. Porter has indicated the willingness of the Ohio Public Defender to continue its representation of Petitioner. Attorney S. Scott Haynes shall notify the Court not later than August 1, 2010, of whether he wishes to continue to be appointed couns el for Petitioner in this case. In light of the vacation of the capital sentence, Petitioner shall, not later than August 6, 2010, file a motion to amend the Petition to delete those claims relating to the sentencing phase of the case which have beco me moot by virtue of the state court decision or which Petitioner does not otherwise intend to pursue. Counsel believe that all discovery sought by Petitioner and agreed to by Respondent has been completed. Either party may file a motion for evidentiary hearing in this matter not later than September 1, 2010. If no such motion is filed, the Court will deem the case submitted for decision as of that date. Signed by Magistrate Judge Michael R Merz on 7/16/2010. (kpf1)
October 14, 2009 Opinion or Order Filing 149 ORDER STAYING CASE PENDING DECISION BY THE OHIO COURTS - This case came on for telephone conference call at 10:00 A.M. on Wednesday, October 14, 2009. Randall Porter represented the Petitioner and Charles Wille represented the Respondent. The Court is advised that the Hamilton County Common Pleas Court has already begun to process again Petitioner's pending petition for post-conviction relief, including the Atkins claim which was severed and resulted in the granting of the writ subsequentl y reversed by the United States Supreme Court. Under the circumstances, the Court believes and the parties agree that the Atkins claim should no longer be bifurcated and these habeas corpus proceedings should be stayed pending final adjudication of t he Atkins claim (and any other claims accepted for adjudication by the state courts).Accordingly, these proceedings are stayed pending final adjudication of the pending proceedings in the Hamilton County Common Pleas Court and any appeal from any dec ision by that court. The parties shall furnish a copy of this Order to the assigned Common Pleas Judge and shall keep this Court currently advised of the progress of those proceedings. Signed by Magistrate Judge Michael R Merz on 10/14/2009. (kpf1) (kpf1)
January 21, 2009 Opinion or Order Filing 138 ORDER STAYING CASE PENDING DECISION BY THE UNITED STATES SUPREME COURT. Signed by Magistrate Judge Michael R Merz on 1/21/2009. (kopf1, )
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Petitioner: Michael Bies
Represented By: S Scott Haynes
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Respondent: Margaret A Bagley
Represented By: Seth Patrick Kestner
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