Gillispie v. Warden, London Corr. Inst., No. 13-3088 (6th Cir. 2014)
Annotate this CaseIn 1988, a man abducted a woman at gunpoint and sexually assaulted her. Two women were abducted and raped 15 days later. In 1991 Gillispie was convicted of rape and kidnapping and sentenced to 22 to 56 years. The Ohio Court of Appeals affirmed; the Ohio Supreme Court denied leave to appeal. In 2008, Gillispie sought a new trial, arguing that the prosecution had failed to produce police reports that eliminated Gillispie as a suspect. The state court rejected that claim; the court of appeals affirmed, but remanded a claim that new evidence showed that another man committed the rapes. Before the state trial court acted, Gillispie filed a federal habeas petition, asserting only his Brady claim. The state court then rejected his new-evidence claim. In 2011, the federal court granted a conditional writ of habeas corpus, ordered a new trial, and ordered Gillispie released pending appeal. In 2012, the state court of appeals reversed on the new-evidence claim, and remanded for a new trial. Vacatur of Gillispie’s conviction eliminated federal jurisdiction. The Sixth Circuit granted the state’s motion to dismiss its appeal. The district court subsequently denied the state’s motion to vacate the conditional-writ order. The Sixth Circuit affirmed.
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