Hill v. Mitchell, No. 1:1998cv00452 - Document 240 (S.D. Ohio 2013)

Court Description: OPINION AND ORDER GRANTING sub-part (c) of Petitioner's Fourth Ground for Relief and DENYING Petitioner's remaining habeas corpus claims. The Court further DENIES as moot Petitioner's motion to revive procedurally defaulted claims of ineffective assistance of counsel 229 . The Court GRANTS Petitioner's 09/18/12 motion to expand the record. The Court concludes that the Writ of Habeas Corpus should be granted as to the Brady violation set forth in sub-part (c) of Petitioner 's Fourth Ground for Relief. The Court ISSUES a conditional Writ of Habeas Corpus directing the State of Ohio, within 180 days from the date of this judgment, to either release Petitioner or grant Petitioner a new trial. The Court DIRECTS the Clerk to enter JUDGMENT in favor to Petitioner. Signed by Judge Edmund A Sargus on 03/29/2013. (dh1)