DaSilva v. District Court of the Eight Judicial District, Cascade et al
| Robert Ayres DaSilva |
| District Court of the Eight Judicial District, Cascade and Attorney General of the State of Montana |
| 4:2013cv00025 |
| March 18, 2013 |
| US District Court for the District of Montana |
| Great Falls Office |
| CASCADE |
| Donald W. Molloy |
| Keith Strong |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
63
ORDER denying 62 Motion to correct the judgment under Federal Rule of Civil Procedure 60(a). To the extent a certificate of appealability is apposite, it is DENIED. Signed by Judge Donald W. Molloy on 12/2/2020. Mailed to DaSilva at CCDF (TAG)
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Filing
50
ORDER. DaSilva's motion for immediate release 39 is DENIED. Signed by Judge Donald W. Molloy on 6/19/2014. Mailed to DaSilva. (TAG, )
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Filing
44
ORDER denying 43 Motion. Signed by Judge Donald W. Molloy on 6/3/2014. Mailed to DaSilva. (TAG, )
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Filing
37
ORDER NUNC PRO TUNC. Signed by Judge Donald W. Molloy on 5/19/2014. Mailed to DaSilva. (TAG, )
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Filing
34
ORDER adopting in part 32 Findings and Recommendations. The Findings and Recommendation are ADOPTED to the extent they are consistent with this Order and REJECTED in all other respects. DaSilva's petition 1 is CONDITIONALLY GRANTED as to his claim under Count III and his claims under Counts I, II, and IV are DISMISSED WITH PREJUDICE. Certificate of appealability is denied as to DaSilva's claims under Counts I, II, and IV. The judgment entered in Cascade County Cause No. DDC 09-117 on April 30, 2010 is VACATED. Within sixty (60) days of the date of this Order, the State may renew proceedings against DaSilva in the trial court. If the State renews the proceedings, it must timely file a Notice stating that it has done s o. If the State does not timely file notice of the renewal of proceedings in the trial court, this Court will order DaSilva's unconditional release from all custody based on the vacated conviction, and he may not be retried.The motion to appoint counsel 33 -1 is DENIED. The motion for rehearing 33 -2) is DENIED. Signed by Judge Donald W. Molloy on 5/15/2014. Mailed to DaSilva. (TAG, )
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