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13-047 - Mejia v. Stephens


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13-047 - Mejia v. Stephens
June 30, 2015
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REPORT AND RECOMMENDATIONS re 14 MOTION for Summary Judgment with Brief in Support be DENIED without prejudice to being re-urged, if justified, after further proceedings; Objections to R&R due by 7/21/2015(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
August 18, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
March 14, 2017
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REPORT AND RECOMMENDATIONS re 47 Amended MOTION for Summary Judgment with Brief in Support of Respondent, Lori Davis, be DENIED as to Mejias claims that Lunas failure to call Marcus Mejia as a witness and his failure to request any jury instruction on any lesser included offenses constituted ineffective assistance of counsel under Strickland v. Washington. It is further RECOMMENDED that 47 Respondents Amended Motion for Summary Judgment be GRANTED as to Mejias other claims; Objections to R&R due by 4/7/2017(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 25, 2017
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ORDER ADOPTING PORTIONS OF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS, DEEMING PETITION A SUMMARY JUDGMENT MOTION, AND WIHDRAWING REFERENCE Magistrate Judges Report and Recommendation [Doc. #54] is ADOPTED in part and Respondents Amended Motion for SummaryJudgment [Doc. # 47] is GRANTED in part. Summary judgment is granted toRespondent on Petitioners claims that (i) Petitioner was denied due process by theStates alleged concealment of its promises not to prosecute witnesses and its allegedthreats against witnesses; (ii) Petitioners trial counsel rendered ineffective assistanceof counsel for failure to examine the States witnesses about promises of immunityfrom prosecution or threats against them; (iii) Petitioner was constructively deniedcounsel on direct appeal; and (iv) Petitioners trial counsel rendered ineffectiveassistance at the punishment phase for failure to investigate Petitioners juvenilecriminal record. It is further4 (...continued)that trial counsel was ineffective for failure to call Marcus Mejia to the witness stand.The Court declines to adopt the Report and Recommendation on this point, and theparties may address these issues in their supplemental briefing.P:\ORDERS.Prsnr\2013\V47.wpd 170525.1147 4ORDERED that, regarding the remaining issues (ineffective assistance ofcounsel for failure to call Marcus Mejia as a witness, for counsels failure to disclosea direct conflict of interest, and for counsels failure to request jury instructions onlesser-included offenses), the Court deems the Petition [Doc. # 45] a motion forsummary judgment upon which the Court may grant relief. The parties may submitsupplemental briefing limited to these issues on or before June 7, 2017, and may fileresponses on or before June 16, 2017. It is furtherORDERED that the Court hereby WITHDRAWS the reference of thisproceeding to United States Magistrate Judge John Froeschner. This Court willadjudicate all pending and future matters. Courtesy copies of all documents filedhereafter must be provided promptly to the undersigned.SIGNED at Houston, Texas, this 25th day of May, 2017.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
October 11, 2017
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MEMORANDUM AND ORDER andORDER FOR CONDITIONAL GRANT OF WRIT OF HABEAS CORPUS (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)