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Tuesday, 15 August 2006

More on Tyrone Noling case:  Andrea Simakis has this followup article to her series in Sunday's Cleveland Plain Dealer examining problems in the case of Ohio death row inmate Tryone Noling.  Based on information reported in the articles, attorneys for Noling are seeking a US District Ct order to send the case back to Portage County Common Pleas Court for a consideration of the new evidence - that could possibly lead to a new trial.
Update: Yesterday's filings in US District Ct for Northern Ohio specifically requested 1) that Judge Nugent order the Portage Cty Prosecutor's Office and police agencies involved in the initial investigation of the Noling case to "preserve potentially exculpatory and impeaching evidence;" and 2) that the federal habeas proceedings currently in process in US District Ct be held in abeyance pending the outcome of an examination of the new evidence in Portage Cty Common Pleas Ct. 
  • It's worth noting that US District Ct Judge Nugent denied earlier requests for additional discovery and an evidentiary hearing for Noling, based on the current court record (see 1-page Word doc here showing some recent entries in the federal case docket to that effect).  Those denials came before the emergence of the new evidence uncovered by the Plain Dealer's investigation.  That new evidence apparently now needs to be examined in state court before the federal court can address it - subject to Nugent's grant of the current request to do so.
(Earlier post and links to the Cleveland Plain Dealer's examination of the Tyrone Noling case are here.)

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