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04-509 - Wood v. Campbell et al (DEATH PENALTY)


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04-509 - Wood v. Campbell et al (DEATH PENALTY)
November 20, 2006
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MEMORANDUM OPINION AND ORDER as follows: 1) The Petition for Writ of Habeas Corpus is conditionally granted as to Claim A(1)(e) that Trial Counsel was Ineffective for Failing to Investigate and Present Evidence of Mr. Wood's Mental Retardation and Mental Disability; The State of Alabama has 90 days from the date of this judgment to either (1) vacate Holly Wood's sentence and resentence him to life without possibility of parole, or (2) conduct a new sentencing hearing for Holly Wood that is consistent with the requirements of Strickland v. Washington, 466 US 684(1984); 2) The Petition for Writ of Habeas Corpus is denied in all other respects as further set out in order. Signed by Judge W. Harold Albritton III on 11/20/06. (Attachments: # (1) appeals checklist)(vma, )
December 22, 2006
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ORDER granting 69 Request for Certificate of Appealability as to the claims identified by the Petitioner that his execution would violate Atkins v. Virginia, 536 U.S. 304, (2002), and that he suffered a Batson v. Kentucky, 476U.S. 79, 97 (1986) violation during the selection of the jury in his criminal trial. Signed by Judge W. Harold Albritton III on 12/22/2006. (cc, )
December 1, 2008
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ORDER that Wood's 28 2254 petition for writ of habeas corpus is denied. Signed by Honorable W. Harold Albritton, III on 12/1/08. (vma, )