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07-1776 - Drummond v. Houk


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07-1776 - Drummond v. Houk
December 31, 2010
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Memorandum Opinion: The Court finds, with respect to the grounds raised by Drummond in his amended petition for writ of habeas corpus 45, that all but one part of Ground One are not well-taken -- on the merits, or because of procedural default, or both. The Court finds meritorious that portion of Ground One that asserts a denial of Drummond's Sixth Amendment right to a public trial because of the partial closure of his trial on February 4, 2004 and, on that basis, the amended petition for writ of habeas corpus in GRANTED IN PART. Accordingly, the Court issues a writ of habeas corpus as follows: The Respondent shall either (1) set aside Drummond's convictions for aggravated murder of Jiyen Dent, Jr. and the sentence of death attendant thereto; or (2) conduct another trial. The Respondent shall retry Drummond, or set aside the convictions and sentence for aggravated murder within 180 days from the effective date of this Order. On this Court's own motion, execution of this Order and, hence, its effective date, is stayed pending appeal by the parties. Judge Sara Lioi on 12/31/2010. (P,J)
June 30, 2016
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Order and Judgment Entry: This case is before the Court on remand from the United States Court of Appeals. This Court's order of December 31, 2010 conditionally granting a writ of habeas corpus was reversed. The Court of Appeals issued its judgment on August 14, 2015 and its mandate on September 23, 2015. A petition for writ of certiorari was denied on May 16, 2016. (Related Doc # 117). Accordingly, the petition for writ of habeas corpus, as amended, is denied and this case is dismissed. Judge Sara Lioi on 6/30/2016. (P,J)
February 22, 2017
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Memorandum Opinion and Order regarding petitioner's motion for authorization to appear in ancillary state court litigation. This death penalty habeas case has been closed since June 30, 2016, and any new state proceedings are not a subsequent stage within the meaning of the relevant statute. Accordingly, the motion for authorization to appear in ancillary state court litigation (Doc. No. 123) is denied. Judge Sara Lioi on 2/22/17. (S,HR)