Flowers v. Allen (DEATH PENALTY)
| Richard Flowers |
| Richard F. Allen |
| 2:2010cv00579 |
| July 6, 2010 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Escambia |
| Charles S. Coody |
| Mark E. Fuller |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
81
ORDER, based on careful consideration of the parties' 80 Notice and Joint Request for Dismissal, it is ORDERED that the parties' Joint Request for Dismissal is GRANTED and this action is DISMISSED with prejudice.A final judgment will be entered separately. Signed by Honorable Judge William Keith Watkins on 7/16/2021. (djy, )
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Filing
78
ORDER VACATING SENTENCE: By Memorandum Opinion and Order of 1/13/2021, this court found that Petitioner, Richard Flowers, was "entitled to a new penalty phase trial," granted Mr. Flowers a writ of habeas corpus to that extent, and direct ed the parties to confer regarding the possibility of reaching "an agreement as to the resolution of all issues in this action...." (Doc. 72 at 64.) In accordance with this order, the parties conferred, advised the court that they have re ached an agreement to settle this matter, and agreed that this case should be remanded to the Circuit Court of Montgomery County, Alabama, for the purpose of resentencing at which the parties will request that Mr. Flowers be resentenced to life witho ut the possibility of parole. (Doc. 76 .) Pursuant to the parties' Joint Stipulation (Doc. 76 ), Mr. Flowers has agreed to waive his right to a jury for the sentencing hearing conditioned upon the Montgomery County Circuit Court accepting the State's motion to sentence him to life without the possibility of parole ("LWOP"). If resentenced to LWOP, Mr. Flowers has agreed to waive further appeals or collateral challenges to his conviction and sentence in CC-97-20. The parties stipulate that the habeas case, including all pending claims, should be dismissed if a sentence of LWOP is imposed. The parties further stipulate that Mr. Flowers will not appeal this court's ruling denying him relief on his claim of ineffectiv e assistance of counsel during the guilt phase of his trial and that Respondent will not appeal this court's ruling granting a new sentencing hearing to Mr. Flowers. In accordance with the parties' Joint Stipulation (Doc. 76 ), it is ORDER ED that: 1. Petitioner Richard Flowers's original death sentence imposed by the Circuit Court of Montgomery County, Alabama, on March 9, 1998 is VACATED pursuant to 28 U.S.C. 2254. 2. This case is REMANDED to the Circuit Court of Montgomery Coun ty, AL, for the purpose of conducting a new sentencing hearing before that court in accordance with Alabama law. 3. Within fourteen (14) days of the entry of this order, Respondent's counsel for the State shall file a notice with the Montgomery County Circuit Court in State v. Flowers, CC-97-20, affirmatively stating that the State is no longer seeking a death sentence and that it will be moving the court to resentence Mr. Flowers to LWOP for the murder of Annie Addy. 4. This federal habeas action is STAYED pending Mr. Flowers's resentencing hearing in the Montgomery County Circuit Court in State v. Flowers, CC-97-20. 5. The parties shall file a Notice in this action within seven (7) days of Mr. Flowers's resentencing and, if appropriate, shall move for dismissal of the remaining claims in this action. Signed by Honorable Judge William Keith Watkins on 5/18/2021. Copy mailed to Clerk, Circuit Court of Montgomery County, Alabama.(dmn, )
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Filing
49
ORDER denying 36 Motion for Discovery, as further set out. Signed by Honorable Judge Charles S. Coody on 3/22/12. (scn, )
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| Plaintiff: Richard Flowers | |
| Represented By: | Anne Elisabeth Borelli |
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| Defendant: Richard F. Allen | |
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