Hattie v. Parker

Decision Date06 October 1994
Docket NumberNo. 94-3158,94-3158
Citation37 F.3d 1499
PartiesNOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Terrence W. HATTIE, Petitioner-Appellant, v. Phillip PARKER, Warden, Respondent-Appellee.
CourtU.S. Court of Appeals — Sixth Circuit

Before: SUHRHEINRICH, SILER and BATCHELDER, Circuit Judges.

ORDER

Terrence W. Hattie, a pro se Ohio state prisoner, appeals from the order denying his motions to enforce the judgment and compel compliance with a previous court order in this habeas corpus proceeding filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Hattie entered a guilty plea to charges of aggravated robbery and felonious assault and was sentenced to four to twenty-five and two to fifteen years of imprisonment, respectively, to run concurrently. Subsequent to his plea, two other counts from the indictment, attempted rape and abduction, were merged with the felonious assault conviction. In the underlying habeas action, Hattie argued, among other claims, that this merger violated due process. This court agreed and conditionally granted the writ unless the state dismissed those merged charges and directed the Ohio Adult Parole Authority (OAPA) not to rely on them in calculating Hattie's parole eligibility. The district court entered a similar order on remand.

The state dismissed the merged counts. However, Hattie believed that the OAPA was still relying on the dismissed attempted rape count because he was being required to attend sex offender treatment as a condition of parole. Accordingly, he filed motions to enforce the judgment and compel compliance with the court's order. A response was filed and oral argument was heard. The district court then determined that the respondent had complied with the earlier judgment. Two alternative grounds for this finding were stated by the district court: first, that the previous order required only that the dismissed count not be relied on in calculating Hattie's parole eligibility, and not the conditions of parole; and second, that other evidence of unrelated sexual misconduct existed which justified the imposition of a...

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