Stevens v. Carlin
| Edward Stevens |
| Terema Carlin |
| 3:2014cv00403 |
| September 22, 2014 |
| US District Court for the District of Idaho |
| Moscow - Central Office |
| Clearwater - Central |
| Ronald E. Bush |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
82
MEMORANDUM DECISION AND ORDER - Claims 2 and 3 of the Petition for Writ of Habeas Corpus (Dkt. 1 ) are DENIED. Consistent with the Ninth Circuits previous memorandum disposition, Claim 1 is also DENIED, and judgment will be entered in favor of Resp ondent. 2. The Court does not find its resolution of Claims 2 and 3 to be reasonably debatable, and a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); Rule 11 of the Rules Governing Section 2254 Cases. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing
44
ORDER DENYING STAY PENDING APPEAL - IT IS ORDERED: 1. Respondents Motion to Stay Pending Appeal (Dkt. 33 ) is DENIED without prejudice. 2. Because Petitioners Request for Bond was framed in the alternative, seeking such bond only if the Court granted Respondents Motion to Stay, the Request for Bond (Dkt. 38 ) is MOOT. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
30
MEMORANDUM DECISION AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS IT IS ORDERED that Claim 1 of the Petition for Writ of Habeas Corpus (Dkt. 1 ) is GRANTED, and the Court issues a conditional writ of habeas corpus. The State must release Petitioner or begin new trial proceedings against him within 120 days. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Petitioner: Edward Stevens | |
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| Respondent: Terema Carlin | |
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