[DOWNLOAD] "Green v. Arn" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Green v. Arn
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Order This case is before the court on remand from the United States Supreme Court, 484 U.S. 806, 108 S. Ct. 52, 98 L. Ed.
2d 17 (1987), for us to consider the question of mootness. Petitioner Pamela D. Green filed a petition for a writ of habeas
corpus under 28 U.S.C. § 2254 in the United States District Court for the Northern District of Ohio. The district court granted
the petitioner's application for the writ, holding that petitioner's convictions on two counts of kidnapping in violation
of Ohio Rev. Code § 2905.01 and on three counts of gross sexual imposition in violation of Ohio Rev. Code § 2907.05 were obtained
in violation of petitioner's Sixth Amendment right to counsel. The controlling issue on appeal was whether harmless error
analysis was appropriate where a petitioner demonstrated she was unrepresented by counsel for a critical period of time during
the taking of evidence against her at trial. A majority of the panel which heard the appeal answered this question in the
negative and affirmed the district court in a decision filed on January 27, 1987. Green v. Arn, 809 F.2d 1257 (6th Cir. 1987). Following the remand, we ordered the parties hereto to submit briefs on the question of mootness, and they have complied.
The parties state in their briefs that on May 23, 1986, during the pendency of the appeal to the United States Supreme Court,
petitioner was released from imprisonment at the Woman's Correctional Facility at Marysville, Ohio. She was released to a
halfway house in Columbus, Ohio, until January 5, 1987, and on that date her status was that of a parole release. She remained
on parole until February 10, 1987, when she was released from supervision. These facts are not disputed in the parties' briefs.