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01-6853 - Mattern v. Dept. of Corrections


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01-6853 - Mattern v. Dept. of Corrections
November 8, 2007
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REPORT OF MAGISTRATE JUDGE re 1 Petition for Writ of Habeas Corpus. Recommending that this petition be granted tothe extent that State court be ordered to amend the judgment entered at the probation violation hearing and enter an amended judgment on the probation violation reflecting a sentence based upon simple battery upon a person over the age of 65 instead of aggravated battery of a person over the age of 65. The judgment resulting from the original change of plea hearing should remain unchanged, as Mattern has never challenged that judgment, and any challenge to that judgment would be untimely. Objections to R&R due by 11/26/2007Signed by Magistrate Judge Patrick A. White on 11/07/07.(tw) Modified/affirmed/adopted per 107 on 3/24/2008 (nm).
February 7, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 100 Report and Recommendations, GRANTING 98 Motion to expand record filed by Floyd Blair Mattern. All pending motions are DENIED AS MOOT. This case is CLOSED. Signed by Judge Patricia A. Seitz on 2/6/08.(lk)