Presnell v. Hall

Presnell v. Hall

Petitioner:	Virgil Delano Presnell
Respondent:	Hilton Hall
Case Number:	1:2007cv01267
Filed:	June 1, 2007
Court:	US District Court for the Northern District of Georgia
Office:	Atlanta Office
County:	Fulton
Presiding Judge:	Clarence Cooper
Nature of Suit:	Death Penalty - Habeas Corpus
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) - Death
Jury Demanded By:	None

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Date Filed	Document Text
March 25, 2013	Filing 28 OPINION AND ORDER - The Court concludes that Petitioner's Claim XXVI was properly exhausted and is allowed to proceed on the merits. Petitioner's Claims IV, VI, VII, XIX, XXIII, XXVII, XXVIII, XXIX, XXXI, XXXIII, XXXIV, XXXVI are procedural ly defaulted, without prejudice to Petitioner demonstrating cause and prejudice to overcome the default. Petitioner's Claims V, XXXII, and XXXVII are also procedurally defaulted; however, since Petitioner has already established cause to excuse the default, Claims V, XXXII, and XXXVII are deemed procedurally defaulted, without prejudice to Petitioner demonstrating prejudice to excuse the default. The portion of Petitioner's Claim II based on mental illness and the entirety of Claims XV III and XXX are procedurally defaulted and hereby DISMISSED. Petitioner's Claim XII is not procedurally defaulted and is allowed to proceed on the merits. In accordance with the Consent Scheduling Order [Doc. No. 12 ] entered in this case, Petitioner shall have sixty (60) days from the date of this Order to file any request for discovery. Signed by Judge Clarence Cooper on 3/25/2013. (tcc)

Date Filed

Document Text

March 25, 2013

Filing 28 OPINION AND ORDER - The Court concludes that Petitioner's Claim XXVI was properly exhausted and is allowed to proceed on the merits. Petitioner's Claims IV, VI, VII, XIX, XXIII, XXVII, XXVIII, XXIX, XXXI, XXXIII, XXXIV, XXXVI are procedural ly defaulted, without prejudice to Petitioner demonstrating cause and prejudice to overcome the default. Petitioner's Claims V, XXXII, and XXXVII are also procedurally defaulted; however, since Petitioner has already established cause to excuse the default, Claims V, XXXII, and XXXVII are deemed procedurally defaulted, without prejudice to Petitioner demonstrating prejudice to excuse the default. The portion of Petitioner's Claim II based on mental illness and the entirety of Claims XV III and XXX are procedurally defaulted and hereby DISMISSED. Petitioner's Claim XII is not procedurally defaulted and is allowed to proceed on the merits. In accordance with the Consent Scheduling Order [Doc. No. 12 ] entered in this case, Petitioner shall have sixty (60) days from the date of this Order to file any request for discovery. Signed by Judge Clarence Cooper on 3/25/2013. (tcc)

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Petitioner: Virgil Delano Presnell
Represented By:	Mary Elizabeth Wells
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Respondent: Hilton Hall
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