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01-247 - Wardrip v. Director TDCJ-CID


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01-247 - Wardrip v. Director TDCJ-CID
July 25, 2008
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FINDINGS AND RECOMMENDATIONS on case: This Court recommends that Petitioners habeas petition with respect to his death sentence be GRANTED. This Court further recommends that Petitioners sentence of death be VACATED and that Respondent be ordered to re-sentence Petitioner within 180 days. SEE ORDER FOR FURTHER SPECIFICS (Signed by Magistrate Judge Paul D Stickney on 7/25/2008) (aps).
April 9, 2010
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ORDER ADOPTING 102 Findings and Recommendations. After making an independent review of the pleadings, files and records in this case, the Findings are (except for the recommendation as to resentencing) ADOPTED as the findings and conclusions of the court. FINDINGS AND RECOMMENDATIONS on case: Recommended that Petitioners habeas petition with respect to his death sentence be GRANTED. This Court further recommends that Petitioners sentence of death be VACATED and that Respondent be ordered to re-sentence Petitioner within 180 days. (Ordered by Senior Judge A. Joe Fish on 4/9/2010) (ttm)
April 22, 2014
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is GRANTED, and these proceedings are STAYED while Wardrip pursues his state habeas remedies in accordance with the recommendation and this order. Accordingly, Wardrip is ORDERED to file an application for postconviction relief in the state court on Memorandum Opinion and Order. The court concludes that the recommendation of the United States Magistrate Judge is correct, and these proceedings are stayed to allow Wardrip to exhaust claims of ineffective assistance of trial counsel in the state court. Respondents objections to the findings and recommendation of the United States Magistrate Judge is OVERRULED, the findings and recommendation to stay these proceedings are ACCEPTED, Wardrips request to stay these proceedings (docket entry 153) these claims by June 6, 2014, and, unless he obtains the sought-after relief in state court, to return to this court within 45 days after he exhausts his state court remedies. See Order for further specifics. (Ordered by Senior Judge A. Joe Fish on 4/22/2014) (trt)
November 29, 2017
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Recommendation: Wardrip's application for a writ of habeas corpus should be conditionally granted so that the respondent shall release him from custody unless the State of Texas either initiates proceedings for a new trial on the issue of punishment only, as permitted by TEX. CODE CRJM. PROC. Act. 44.29(c), or elects not to seek a death sentence and accedes to the imposition of a sentence of life imprisonment, within a reasonable time to be set by the Court. (Ordered by Magistrate Judge Paul D Stickney on 11/29/2017) (trt)
March 29, 2018
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ORDER OVERRULING OBJECTIONS AND ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION AS AMENDED: After making an independent review of the pleadings, files and records in this case, the objections are OVERRULED, the Recommendation is AMENDED as set out in this order and, as amended, the Recommendation is ADOPTED as the findings and conclusions of the court, and conditional habeas relief is GRANTED in accordance with the Recommendation. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22 (b), Rule 11 (a) of the Rules Governing§§ 2254 and 2255 proceedings, and 28 U.S. C.§ 2253(c), the Court DENIES a certificate of appealability regarding the denial of Wardrip's claims of judicial bias and that the defense investigator had a conflict of interest. (Ordered by Senior Judge A. Joe Fish on 3/29/2018) (skg)