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14-2773 - Olivier v. Cain et al


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14-2773 - Olivier v. Cain et al
June 18, 2015
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ORDER AND REASONS : ORDERED that Olivier's Motion to Stay Proceedings, Record Doc. 20, is GRANTED. Further proceedings addressing Olivier's petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254 are hereby STAYED. The Clerk of Court is directed to CLOSE the case for all administrative and statistical purposes. IT IS FURTHER ORDERED that Olivier and defense counsel must notify this court in writing immediately upon resolution of the questions accepted by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, 135 S. Ct. 1546 (2015). IT IS FURTHER ORDERED that either party may move to re-open this matter within thirty (30) days of resolution of the questions accepted by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, 135 S. Ct. 1546 (2015). Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/18/2015. (my)(NEF:NJB)
August 15, 2016
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REPORT AND RECOMMENDATIONS: RECOMMENDED that 3 Petition for Writ of Habeas Corpus (28:2254) filed by Ronald Olivier be GRANTED, his sentence to life in prison without benefit of parole be VACATED, and the Orleans Parish Criminal District Court be ORDERED, within ninety (90) days of issuance of the district courts order, to either (a) resentence Olivier or otherwise bring his sentence into conformity with Miller v. Alabama, U.S., 132 S. Ct. 2455 (2012), or (b) release him from confinement. Objections to R&R due by 8/29/2016. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(cml)
October 3, 2016
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90) days or, in the alternative, to release him from confinement. Signed by Judge Nannette Jolivette Brown on 10/3/2016.(mmv)ORDER AND REASONS ADOPTING 37 REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that the State's 38 objections are OVERRULED; IT IS FURTHER ORDERED that Petitioner Ronald Olivier's application for habeas corpus relief is GRANTED, that his sentence of life imprisonment without benefit of probation, parole or suspension of sentence is VACATED, and that the state trial court is ORDERED to resentence Petitioner in conformity with Miller v. Alabama, 132 S.Ct. 2455 (2012), within ninety (