GAMMON v. MCNEIL
Petitioner: ALPHANEE B GAMMON
Respondent: WALTER MCNEIL
Case Number: 5:2009cv00053
Filed: February 17, 2009
Court: US District Court for the Northern District of Florida
Office: Habeas Corpus (General) Office
County: Alachua
Presiding Judge: ROBERT L HINKLE
Presiding Judge: ELIZABETH M TIMOTHY
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)
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Date Filed Document Text
March 27, 2010 Opinion or Order Filing 49 ORDER GRANTING PETITION - The report and recommendation is ACCEPTED. On the merits of the claims challenging the arrest and search and asserting ineffective assistance trial counsel, the report and recommendation is adopted as the courts opinion. A writ of habeas corpus is GRANTED on the ground of ineffective assistance of trial counsel. "The petition for a writ of habeas corpus is granted. Within 60 days, the respondent must release the petitioner from custody on the con viction for selling or possessing with intent to sell cocaine within1,000 feet of a place of worship. This does not preclude the respondent from retaining the petitioner in custody on a newly imposed sentence for selling cocaine or possessing cocaine with the intent to sell it.". Signed by JUDGE ROBERT L HINKLE on 3/27/2010. (dlt)
January 29, 2010 Opinion or Order Filing 45 AMENDED ORDER, REPORT and RECOMMENDATION. ORDERED: (1) The Order, Report and Recommendation issued by the undersigned on October 9,2009 30 is hereby VACATED. (2) Respondent's motion to expand the record 22 is GRANTED. ( 3) Respondent's motion for reconsideration 31 is DENIED as moot. RECOMMENDED: (1) That the habeas petition 1 be DENIED as to Ground One. (2) That the petition for writ of habeas corpus 1 be GRANTED as to Ground Two, and that the writ iss ue and Petitioner be discharged from custody UNLESS within SIXTY (60) DAYS from the date of entry of judgment in this case, the State of Florida initiates proceedings to correct the constitutional error identified in Ground Two, that is, trial counse l's ineffective assistance in failing to move for a judgment of acquittal based upon the lack of any evidence on the "building designated as a church or religious organization regularly conducted religious" element of the offense, or t he State obtains a stay of issuance of the writ.(3)That the habeas petition 1 be DENIED as to Ground Three. (4) That a certificate of appealability be DENIED as to Grounds One and Three. R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 2/26/2010). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 1/29/10. (lcu)
October 30, 2009 Opinion or Order Filing 38 ORDER. The office of the Federal Public Defender is appointed pursuant to 18 U.S.C. § 3006A(2)(b) to represent Petitioner on the matters discussed herein and for further proceedings in this court. A status conference in thi s matter will be conducted before the undersigned magistrate judge in Courtroom 3 South, United States Courthouse, One North Palafox Street, Pensacola, Florida on TUESDAY, DECEMBER 15, 2009, commencing at 3:00 P.M. (CENTRAL STANDARD TIME). (Status Conference set for 12/15/2009 03:00 PM in U.S. Courthouse Pensacola before MAGISTRATE JUDGE ELIZABETH M TIMOTHY). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/30/09. (lcu) Copy sent to Federal Public Defender
October 16, 2009 Opinion or Order Filing 35 ORDER. The clerk shall send Petitioner an Affidavit of Financial Status form. If Petitioner desires appointment of counsel, he shall complete the financial affidavit, swearing that his responses are true subject to perjury prosec ution. The completed form must be returned to this court on or before OCTOBER 26, 2009. The clerk shall delay referral of 30 Report and Recommendation to the District Judge until further direction by the undersigned. (Miscellaneous Deadline - by 10/26/2009). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/16/09. (lcu) Affidavit of Financial Status Form mailed to Petitioner
October 9, 2009 Opinion or Order Filing 30 VACATED PER 45 ORDER -- ORDER, REPORT AND RECOMMENDATION. ORDER granting 22 MOTION TO EXPAND RECORD. REPORT AND RECOMMENDATION that the petition for writ of habeas corpus 1 be GRANTED. That the writ issue and Petiti oner be discharged from custody UNLESS within SIXTY (60) DAYS from the date of entry of judgment in this case, the State of Florida returns Petitioner to Calhoun County and initiates proceedings to retry him or obtains a stay of issuance of the writ. R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 11/6/2009). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/9/09. (lcu) Modified on 2/1/2010 (lcu).
June 27, 2009 Opinion or Order Filing 18 ORDER DENYING MOTION FOR DEFAULT JUDGMENT - The Report and Recommendation 15 is ACCEPTED AND adopted as the court's opinion. Denying 14 Motion for Default Judgment. This case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 06/27/09. (dlt)
May 13, 2009 Opinion or Order Filing 15 REPORT AND RECOMMENDATION re 14 MOTION for Final Judgment filed by ALPHANEE B GAMMON: It is recommended that Petitioner's Motion be DENIED. Internal deadline for referral to district judge if objections are not filed earlier: 6/10/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 13, 2009. (cc: Gammon) (cbj)
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Petitioner: ALPHANEE B GAMMON
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Respondent: WALTER MCNEIL
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