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05-058 - Oliver v. White et al


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05-058 - Oliver v. White et al
December 21, 2007
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MEMORANDUM AND OPINION. Signed by Judge William J. Haynes Jr. on 12/20/07. (dt) Modified Text on 12/21/2007 (dt).
December 21, 2007
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ORDER: The 41 Motion for Summary Judgment 41 is Granted. Petitioner is Granted the writ of habeas corpus. The State shall provide the Petitioner with new sentencing hearing within 60 days from the date of the entry of this Order. This is the Final Order in this action. Signed by Judge William J. Haynes Jr. on 12/20/07. (dt) Modified on 1/8/08 (jb).
July 3, 2008
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ORDER granting 58 Motion for Immediate Release. This Court's 12/21/07, Order 56 provided the State 60 days to replace its invalid judgment against Petitioner with a valid one. That deadline expired 2/19/08. In such instances, Petitioner's motion for immediate release is GRANTED and the Petitioner's custodian is ORDERED to release Petitioner immediately upon receipt of this Order. Signed by District Judge William J. Haynes, Jr. on 7/3/08. (tmw) (emailed to Amy Tarkington, Attorney General's Office & forwarded to Robert E. Cooper, Jr., Attorney General, on 7/7/08)Modified on 7/7/2008 (gi).