Opinion and Order signed by Judge James S. Gwin on March 20, 2013. The Court conditionally grants the petition for writ of habeas corpus on Petitioner Trimble's juror bias claim. Petitioner Trimble's death sentences from his state convict ion are vacated and set aside. Petitioner must be given a new capital sentencing hearing within 200 days of this Order or the Warden is not entitled to execute petitioner's death sentences. The Court denies the petition as to all other claims. The Court certifies that an appeal from this decision could be taken in good faith. The Court issues a certificate of appealability pursuant to 28 U.S.C. Section 2253(c) and Federal Rule of Appellate Procedure 22(b) on juror bias, admission of weapons and prosecutorial misconduct.
On April 3, 2013, the State of Ohio filed an appeal in the US Court of Appeals for the Sixth Circuit.