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15-045 - West v. Russell


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15-045 - West v. Russell
August 11, 2017
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ty to withdraw his guilty plea within 60 days of this date and thereafter proceed to trial. An appropriate Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 8/11/17. (JAB) (Main Document 23 replaced on 8/14/2017 due to MEMORANDUM: For the reasons set forth above, the petition of Jacob West for a writ of habeas corpus is granted. His subject convictions and sentences are vacated. Petitioner is to be released from Missouri state custody, unless he has an opportunifiling error) (Certified copy sent to Jefferson County Circuit Court on 8/25/17)
September 21, 2017
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MEMORANDUM AND ORDER GRANTING MOTION TO ALTER OR AMEND THE JUDGMENT: IT IS HEREBY ORDERED that respondent's motion to alter or amend the judgment (Doc. 26) is GRANTED. The Judgment Order issued on August 11, 2017 (Doc. 24) is vacated. The court will hold an evidentiary hearing limited to the representations made by petitioner]s plea counsel to petitioner. IT IS FURTHER ORDERED that respondent's motion for an extension of time (Doc. 27) is DENIED as moot. IT IS FURTHER ORDERED that a scheduling conference of the court with counsel for all parties is set for October 24, 2017, at 10:00 a.m. Signed by Magistrate Judge David D. Noce on 9/21/2017. (CLO)