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14-383 - Harden v. Bowersox


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14-383 - Harden v. Bowersox
April 12, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Joseph Hardens Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 is GRANTED with respect to Petitioners conviction for first degree robbery and corresponding armed criminal action conviction, based on Ground 1 as discussed above, and DENIED on all other claims. [Doc. 1.] IT IS FURTHER ORDERED that Joseph Hardens conviction for first degree robbery and corresponding armed criminal action conviction will be set aside with prejudice to reprosecution. See Burks v. United States, 437 U.S. 1, 18, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978) (holding that the Double Jeopardy Clause precludes a second trial once the reviewing court has found the evidence legally insufficient).IT IS FURTHER ORDERED that a separate judgment will be entered this same date. IT IS FINALLY ORDERED that, for the reasons stated herein, any motion by Joseph Harden for a Certificate of Appealability will be DENIED. Signed by Magistrate Judge Nannette A. Baker on 4/12/17. (CLA)
June 5, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioners Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e) is DENIED. [Doc. 18.] Signed by Magistrate Judge Nannette A. Baker on 6/5/17. (KJS)
September 20, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner's Motion for Certificate of Appealability and Pro Se Motion for Issuance of Certificate of Probable Cause [Docs. 34, 35.] are DENIED. IT IS FURTHER ORDERED that Petitioner's Motions for Leave to Proceed In Forma Pauperis on Appeal are GRANTED. [Docs. 36, 37.]. Signed by Magistrate Judge Nannette A. Baker on 9/20/17. (KKS)