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DENNY ROSS,
Petitioner-Appellee/Cross-Appellant,
v.
JAMES PETRO, Attorney General for the State of Ohio,
Respondent,
SUMMIT COUNTY COURT OF COMMON PLEAS,
Respondent-Appellant/Cross-Appellee.


Nos. 05-4212/4213

Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 04-00849—David D. Dowd, Jr., District Judge.
Argued: September 10, 2007
Decided and Filed: January 25, 2008
Before: GUY, ROGERS, and McKEAGUE, Circuit Judges.

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OPINION
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McKEAGUE, Circuit Judge. Following four weeks of trial on murder, kidnaping, rape and other charges, and during the second day of jury deliberations, the Ohio trial court declared a mistrial after receiving a note from the foreperson indicating the jury’s deliberations had been tainted by extraneous information. Prior to commencement of the second trial, however, the trial court, in the person of a replacement visiting judge, granted defendant Denny Ross’s motion to bar reprosecution on double jeopardy grounds, concluding there was no “manifest necessity” for mistrial. This ruling was reversed by the Ohio Court of Appeals and the Ohio Supreme Court denied leave to appeal. Defendant thereupon sought pretrial habeas relief in federal court, which was granted. The district court held that the Ohio Court of Appeals’ ruling represents an unreasonable application of clearly established federal law. On appeal, the Summit County Court of Common Pleas contends the district court failed to abide by the deferential standard of review made applicable by the Anti-Terrorism and Effective Death Penalty Act. For the reasons that follow, we agree. The district court’s judgment granting the writ of habeas corpus will therefore be reversed.


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JOHN FAUTENBERRY,
Petitioner-Appellant,
v.
BETTY MITCHELL, Warden,
Respondent-Appellee.


No. 05-3568

Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 00-00332—James L. Graham, District Judge.
Argued: July 26, 2007
Decided and Filed: January 25, 2008
Before: BATCHELDER, MOORE, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

ALICE M. BATCHELDER, Circuit Judge. Petitioner John Fautenberry (“Fautenberry”), a prisoner in the state of Ohio awaiting execution, appeals the district court’s denial of his petition for writ of habeas corpus. Fautenberry raises eight issues on appeal. Finding no merit in any of them, we AFFIRM the judgment of the district court.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TYRONE MADDEN (05-4304) and DIANA BLAINE BROWN (06-3736),
Defendants-Appellants.


Nos. 05-4304; 06-3736

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 04-00616—John R. Adams, District Judge.
Submitted: November 1, 2007
Decided and Filed: January 25, 2008
Before: SILER, MOORE, and GILMAN, Circuit Judges.

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OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. Tyrone Madden and Diana Blaine Brown were both charged with one count of conspiring to possess phencyclidine (PCP) with the intent to distribute the drug. Madden was separately charged with being a felon in possession of a firearm. He was later charged in a superseding information with one count of conspiracy to import heroin into the United States and one count of bank fraud. Both defendants entered guilty pleas. At Madden’s sentencing hearing, the original indictment was dismissed and Madden was sentenced to 78 months of imprisonment. The district court also imposed an additional eight-month sentence, to be served consecutively, for violating the terms of his supervised release related to a previous federal conviction. Brown, on the other hand, pled guilty to the charge in the original indictment, but she then failed to maintain contact with pretrial services and became a fugitive. When she surrendered over a year later, the district court held a sentencing hearing and sentenced her to 37 months of imprisonment.

Madden appeals the district court’s judgment because he asserts that the court did not have jurisdiction to sanction him for his prior supervised-release violation. Brown appeals her sentence on the basis that the district court failed to adequately consider her request for a reduced sentence. For the reasons set forth below, we AFFIRM the district court’s judgment in both cases.