DaSilva v. District Court of the Eight Judicial District, Cascade et al

Respondent: District Court of the Eight Judicial District, Cascade and Attorney General of the State of Montana
Petitioner: Robert Ayres DaSilva
 
Case Number: 4:2013cv00025
Filed: March 18, 2013
 
Court: Montana District Court
Office: Great Falls Office
County: CASCADE
Presiding Judge: Donald W. Molloy
Referring Judge: Keith Strong
 
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 15, 2014 34 Featured Case 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, )
May 20, 2014 37 Featured Case ORDER NUNC PRO TUNC. Signed by Judge Donald W. Molloy on 5/19/2014. Mailed to DaSilva. (TAG, )
June 3, 2014 44 Featured Case ORDER denying 43 Motion. Signed by Judge Donald W. Molloy on 6/3/2014. Mailed to DaSilva. (TAG, )
June 19, 2014 50 Featured Case 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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Respondent: District Court of the Eight Judicial District, Cascade
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Respondent: Attorney General of the State of Montana
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Petitioner: Robert Ayres DaSilva
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