TUCKER v. BRANKER

TUCKER v. BRANKER

Petitioner:	RUSSELL WILLIAM TUCKER
Respondent:	GERALD BRANKER
Case Number:	1:2007cv00868
Filed:	November 14, 2007
Court:	US District Court for the Middle District of North Carolina
Office:	Durham Office
County:	Forsyth
Presiding Judge:	RUSSELL A. ELIASON
Presiding Judge:	UNASSIGNED
Nature of Suit:	Death Penalty - Habeas Corpus
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 11, 2017	Filing 127 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/11/2017, that: 1. The petitioner is entitled to an evidentiary hearing on whether there was external contact between a juror and a third party during his state court trial and , if there was, whether such contact had a substantial and injurious effect or influence on the jury's verdict. 2. The matter is referred to the Magistrate Judge for an evidentiary hearing and entry of a Recommendation on the juror misconduct issue raised in Ground Two of the original petition. Doc. 11 at 15-18. 3. All other claims for relief remain under advisement, and briefing shall continue on the schedule previously imposed. (Garland, Leah)

Date Filed

Document Text

September 11, 2017

Filing 127 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/11/2017, that: 1. The petitioner is entitled to an evidentiary hearing on whether there was external contact between a juror and a third party during his state court trial and , if there was, whether such contact had a substantial and injurious effect or influence on the jury's verdict. 2. The matter is referred to the Magistrate Judge for an evidentiary hearing and entry of a Recommendation on the juror misconduct issue raised in Ground Two of the original petition. Doc. 11 at 15-18. 3. All other claims for relief remain under advisement, and briefing shall continue on the schedule previously imposed. (Garland, Leah)

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Petitioner: RUSSELL WILLIAM TUCKER
Represented By:	ROBERT L. MCCLELLAN
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Respondent: GERALD BRANKER
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