Deedy v. Suzuki et al
| Christopher Deedy |
| Russell Suzuki, Keith M. Kaneshiro, Nolan Espinda and State of Hawaii |
| 1:2018cv00094 |
| April 6, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| RICHARD L. PUGLISI |
| DERRICK K. WATSON |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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| Document Text |
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Filing
49
ORDER (1) DENYING PETITION UNDER 28 U.S.C. § 2241 FOR WRIT OF HABEAS CORPUS AS TO ABANDONMENT AND COLLATERAL ESTOPPEL; AND (2) GRANTING A CERTIFICATE OF APPEALABILITY re 1 - Signed by JUDGE DERRICK K. WATSON on 4/9/2020. For the reasons set forth herein, the Court DENIES the Petition as to the claims of abandonment and collateral estoppel. The Court GRANTS a COA solely to the extent set forth herein. In addition, in light of this Order and th e Ninth Circuit's December 20, 2019 Order affirming in part, reversing in part, and remanding, Dkt. No. 40, the Court instructs the Clerk to VACATE the Judgment entered on August 10, 2018, Dkt. No. 30. In its stead, the Clerk is instructed to enter Judgment as follows: (1) GRANTING the Petition to the extent that the State may not retry Deedy for manslaughter; and (2) DENYING the Petition to the extent that the State may retry Deedy for first- and second-degree assault. (emt, )
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Filing
29
ORDER (1) DENYING MOTION TO STRIKE PETITION; AND (2) GRANTING DEEDY'S PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 re 1 , 14 - Signed by JUDGE DERRICK K. WATSON on 8/10/2018. "The Court gr ants Deedy's Section 2241 Petition and enjoins the State of Hawaii and/or Respondents from reprosecuting, reindicting, or retrying him for reckless manslaughter and any lesser included offenses, including in Cr. No. 11-1-1647. Furt her, the State of Hawaii and/or Respondents are directed to dismiss the pending criminal case, Cr. No. 11-1-1647, with prejudice. The Court stays this dismissal requirement until such time as this case becomes final, meaning that any and all appe als of this Courts orders and judgment have been completely adjudicated. The State of Hawaii and/or Respondents are also directed to release Deedy from the conditions of bail and of his supervised pretrial release. Unless the State of H awaii and/or Respondents obtain a stay of this part of the Court's order from the Ninth Circuit Court of Appeals, the State of Hawaii and/or Respondents must release Deedy from the terms of his supervised pretrial release forthwith. This Cour t declines to stay this portion of its order. Finally, to ensure that each party's rights are safeguarded, the Court grants certificates of appealability to the parties, to the extent required. See Slack v. McDaniel, 529 U. S. 473, 484 (2000) (party challenging the court's decision "must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong"); see also Miller-El v. Cockr ell, 537 U.S 322, 341 (2003). Respondents' Motion to Strike Deedy's Petition, Dkt. No. 14, is DENIED. Deedy's Section 2241 Petition, Dkt. No. 1, is GRANTED. The Clerk of Court is directed to enter judgment in favor of Deedy and to close this case." (emt, )
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