Ferguson v. Allen
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|Date Filed||#||Document Text|
|June 27, 2017
MEMORANDUM OPINION that the 18 MOTION to Alter Judgment is GRANTED in part and DENIED in part; it is ORDERED that Part V.F. of this court's prior memorandum opinion addressing the claim that Ferguson Was Improperly Denied a Hearing on His M ental Capacity Under Atkins v. Virginia is, RESCINDED, VACATED, and held for NAUGHT; attorney's for petitioner, are ORDERED to inform this court and opposing counsel, by close of business 7/19/2017, of the date upon which they reasonably anticip ate being prepared to proceed to an evidentiary hearing on petitioner's assertion that he is categorically excluded from eligibility for the imposition of the death penalty as a result of intellectual disability; Respondent must file a response by 7/26/2017; in all other respects, it is ORDERED that petitioner's motion to alter or amend this court's previous judgment is OVERRULED and DENIED as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/27/2017. (AHI)
|July 21, 2014
MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 7/21/2014. (AHI)
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