Wessinger v. Cain, et al
Case Number: 3:2004cv00637
Filed: September 7, 2004
Court: US District Court for the Middle District of Louisiana
Office: Baton Rouge Office
Presiding Judge: James J. Brady
Presiding Judge: Stephen C. Riedlinger
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
September 25, 2023 Opinion or Order Filing 311 ORDER: Considering the 302 Motion for Reconsideration, the Clerk of Court shall STAY AND ADMINISTRATIVELY CLOSE this case. Parties shall file a motion to lift the stay by no later than 14 days after one of the following occurs: the Supreme Cour t issues a ruling on the Cain, or related, cases; the Supreme Court declines to grant certiorari review of the matter; or the time for seeking such review from the Supreme Court has passed, with no such review having been sought. Signed by Judge John W. deGravelles on 9/25/2023. (LLH)
December 20, 2022 Opinion or Order Filing 298 RULING AND ORDER: The 278 Amended (Re-Urged) Motion for Summary Judgment and, in the Alternative, for Habeas Relief is GRANTED. Wessinger's death sentences are vacated, and the matter is remanded to the 19th JDC for the Parish of EBR for a new penalty phase trial. The 282 Motion to Dismiss and, in the alternative, Motion for Summary Judgment filed by Respondent, Burl Cain, Charles C. Foti, Jr. is DENIED. Signed by Judge John W. deGravelles on 12/20/2022. (LLH)
September 10, 2020 Opinion or Order Filing 254 RULING AND ORDER granting in part and denying in part 248 Motion to Alter or Amend Judgment Denying 234 Petitioner's Motion for Summary Judgment, or, in the Alternative, for an Evidentiary Hearing on Cause and Prejudice, or, in the Alternative, for Relief from Judgment, or, in the Alternative, to Grant Petitioner Habeas Relief on Claim XI-C. Signed by Judge John W. deGravelles on 9/10/2020. (KMW)
December 19, 2019 Opinion or Order Filing 246 RULING AND ORDER: Petitioner's 234 Motion for Summary Judgment, or, in the Alternative, for an Evidentiary Hearing on Cause and Prejudice, or, in the Alternative, for Relief from Judgment is DENIED. Signed by Judge John W. deGravelles on 12/19/2019. (KAH)
July 27, 2015 Opinion or Order Filing 216 RULING: The Court grants Petitioner's claim for habeas relief based on ineffective assistance of trial counsel at the penalty phase in violation of the Sixth Amendment. Counsel for Petitioner is to submit an order in conformity with this ruling within five (5) days of this ruling. Signed by Judge James J. Brady on 7/23/2015. (LLH)
May 16, 2012 Opinion or Order Filing 156 RULING and ORDER: Petitioner's 139 MOTION to Alter or Amend Judgment is GRANTED and the case is reopened as to Petitioner's Claim XI-C (doc. 135 at 65) as provided herein. A hearing will be held on 12/13/2012. The parties will brief both issues beforehand. Wessinger will file his brief within 60 days of the date of this Order and the Defendant will file an opposition within 30 days thereafter. Signed by Judge James J. Brady on 5/15/2012. (JDL)
February 23, 2012 Opinion or Order Filing 135 RULING Wessinger's petition for writ of habeas corpus is DENIED 1 Petition for Writ of Habeas Corpus. Signed by Judge James J. Brady on 2/22/2012. (JDL)
October 18, 2011 Opinion or Order Filing 134 RULING AND ORDER: The Court will DEFER ruling on Petitioners 120 motion at this time. As the necessity and/or availability of an evidentiary hearing will be made on a claim by claim basis, the Court will make such a determination as it decides the merits of Petitioners habeas corpus application. During this process, the Court will review the record of this matter and determine if, under Pinholster and related cases, a hearing may be available or mandated. Signed by Judge James J. Brady on 10/17/2011. (CMM)
November 24, 2009 Opinion or Order Filing 112 ORDER: granting 111 Unopposed MOTION to Enter Scheduling Order filed by Todd Kelvin Wessinger as follows: Status Conference set for 1/26/2010 at 10:00 AM before Judge James J. Brady. Status Conference set for 4/26/2010 at 10:00 AM before Judge Jam es J. Brady. Status Conference set for 9/27/2010 at 10:00 AM before Judge James J. Brady. Amended Pleadings due by 10/31/2010. Answer due 2/1/2011. Reply to Respondent's Answer due 3/1/2011. Wessinger's Reply due by 4/1/2011. Status Conference set for 4/1/2011 at 10:00 AM before Judge James J. Brady. Evidentiary Hearing 5/5/2011-5/9/2011, if so ordered. Signed by Judge James J. Brady on 11/24/2009. (JDL, )
January 21, 2009 Opinion or Order Filing 92 RULING denying 69 Motion for Discovery. Signed by Magistrate Judge Stephen C. Riedlinger on 1/21/09. (BP, )
January 15, 2009 Opinion or Order Filing 91 RULING denying 65 Respondent's Request for Discovery Deposition filed by Charles C. Foti, Jr.. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/09. (BP, )
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