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04-899 - Jordan v. Wolfe

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04-899 - Jordan v. Wolfe
September 11, 2007
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ORDER AND REPORT AND RECOMMENDATION that petition for writ of habeas corpus be conditionally granted on claim four; that petitioner's sentence be vacated; that the State re-sentence or release him w/in sixty (60) days & that the remainder of the claims be dismissed. 40 MOTION for Portions of the Transcript & petitioner's request for evidentiary hearing are denied as moot. Objections to R&R due by 9/25/2007. Signed by Judge Terence P Kemp on 9/11/2007. (kk2)
January 14, 2008
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ORDER adopting Report and Recommendations re 43 Report and Recommendations. Respondents objections are OVERRULED. Claims five through nine are DISMISSED without objection. The petition for a writ of habeas corpus conditionally is GRANTED on claim four, in which petitioner asserts that his sentence violates Blakely. Petitioners sentence is VACATED. The State must re-sentence him within sixty (60) days or release him.. Signed by Judge Algenon L. Marbley on 1/14/2008. (cw, )