Olivier v. Cain et al
| Ronald Olivier |
| N. Burl Cain |
| Attorney General State of Louisiana |
| 2:2014cv02773 |
| December 9, 2014 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| West Feliciana |
| Lance M Africk |
| Joseph C. Wilkinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
41
ORDER AND REASONS ADOPTING 37 REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that the State's 38 objections are OVERRULED; IT IS FURTHER ORDERED that Petitioner Ronald Olivier's application for habeas corpus relief is GRANTED, that hi s sentence of life imprisonment without benefit of probation, parole or suspension of sentence is VACATED, and that the state trial court is ORDERED to resentence Petitioner in conformity with Miller v. Alabama, 132 S.Ct. 2455 (2012), within ninety (90) days or, in the alternative, to release him from confinement. Signed by Judge Nannette Jolivette Brown on 10/3/2016.(mmv)
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Filing
26
ORDER AND REASONS : ORDERED that Olivier's Motion to Stay Proceedings, Record Doc. 20 , is GRANTED. Further proceedings addressing Olivier's petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254 are hereby STAYED. The Clerk of Court is directed to CLOSE the case for all administrative and statistical purposes. IT IS FURTHER ORDERED that Olivier and defense counsel must notify this court in writing immediately upon resolution of the questions accepted by the Supre me Court on writ of certiorari in Montgomery v. Louisiana, 135 S. Ct. 1546 (2015). IT IS FURTHER ORDERED that either party may move to re-open this matter within thirty (30) days of resolution of the questions accepted by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, 135 S. Ct. 1546 (2015). Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/18/2015. (my)(NEF:NJB)
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