Culbreath v. Weadon
Virgil Culbreath |
Kenneth B Weadon |
6:2015cv00200 |
January 20, 2015 |
US District Court for the District of South Carolina |
Greenville Office |
Edgefield |
Kevin McDonald |
Sol Blatt |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 57 ORDER RULING ON 47 REPORT AND RECOMMENDATION, 22 Motion for Summary Judgment filed by Kenneth B Weadon. It is ordered that the R&R (Entry 47) is adopted only with respect to ground four; the Respondent's motion fo r summary judgment (Entry 22) is denied with respect to grounds one, two, and three and granted with respect to ground four. The Petitioner's objections (Entry 53) are sustained in part, and the Court grants a writ of habeas corpus and vacate s the Petitioner's conviction for the reasons set forth in this order. To the extent the Respondent seeks to appeal this decision to the Fourth Circuit Court of Appeals, the Court will consider, on motion, a stay of this order pending the completion of the appeal. Signed by Honorable Patrick Michael Duffy on 06/20/2016. (egra, ) |
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Petitioner: Virgil Culbreath | |
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Respondent: Kenneth B Weadon | |
Represented By: | Donald John Zelenka |
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