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14-2145 - Tate v. Cain

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14-2145 - Tate v. Cain
March 4, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (28:2254) filed by Darryl Tate. It is RECOMMENDED that the petitioner's application for habeas corpus relief be GRANTED, that his sentence of life imprisonment without the benefit of probation, parole or suspension of sentence be VACATED, and that the state district court be ORDERED to resentence petitioner in conformity with Miller v. Alabama, 132 S. Ct. 2455 (2012), within 90 days or, in the alternative, to release him from confinement. Objections to R&R due by 3/18/2016. Signed by Magistrate Judge Sally Shushan.(gec)
April 21, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 41. Darryl Tates petition for habeas corpus is GRANTED. Signed by Judge Martin L.C. Feldman on 4/21/2016. (cc: LA Atty General, [email protected]) (caa)