PAUL v. SUPERINTENDENT et al
| JEFFERY WILLIAM PAUL |
| SUPERINTENDENT and UNITED STATES OF AMERICA |
| 2:2013cv00304 |
| August 20, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| William T. Lawrence |
| William G. Hussmann |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing
281
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS - Jeffery William Paul was convicted in 1997 in the United States District Court for the Western District of Arkansas of aiding and abetting a homicide in violation of 18 U.S.C. § 1111 and use of a firearm in relation to a crime of violence, robbery, in violation of 18 U.S.C. § 924(c). Mr. Paul filed this habeas corpus petition challenging his convictions and sentence. He argues that he is actually innocent of the crimes for which he was convicted, that he is too mentally ill to be executed, that his indictment was defective, and that his § 924(c) conviction must be vacated because the robbery offense underlying that conviction is not a crime of violence under §92 4(c)(3)(A). Most of Mr. Paul's claims are barred by 28 U.S.C. § 2255(e) or fail on the merits.But his § 924(c) claim is properly brought under 28 U.S.C. § 2241 and warrants relief. Accordingly, Mr. Paul's petition for writ of habeas corpus is GRANTED, his § 924(c) conviction is VACATED, and his death sentence is VACATED subject to a retrial on the penalty phase in the United States District Court for the Western District of Arkansas. (See Order.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 8/2/2022.(RSF)
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