Wessinger v. Cain, et al

Case Number: 3:2004cv00637
Filed: September 7, 2004
Court: Louisiana Middle District Court
Office: Baton Rouge Office
Presiding Judge: James J. Brady
Referring Judge: Stephen C. Riedlinger
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
July 27, 2015 216 Opinion or Order of the Court RULING: The Court grants Petitioner's claim for habeas relief based on ineffective assistance of trial counsel at the penalty phase in violation of the Sixth Amendment. Counsel for Petitioner is to submit an order in conformity with this ruling within five (5) days of this ruling. Signed by Judge James J. Brady on 7/23/2015. (LLH)
May 16, 2012 156 Opinion or Order of the Court RULING and ORDER: Petitioner's 139 MOTION to Alter or Amend Judgment is GRANTED and the case is reopened as to Petitioner's Claim XI-C (doc. 135 at 65) as provided herein. A hearing will be held on 12/13/2012. The parties will brief both issues beforehand. Wessinger will file his brief within 60 days of the date of this Order and the Defendant will file an opposition within 30 days thereafter. Signed by Judge James J. Brady on 5/15/2012. (JDL)
February 23, 2012 135 Opinion or Order of the Court RULING Wessinger's petition for writ of habeas corpus is DENIED 1 Petition for Writ of Habeas Corpus. Signed by Judge James J. Brady on 2/22/2012. (JDL)
October 18, 2011 134 Opinion or Order of the Court RULING AND ORDER: The Court will DEFER ruling on Petitioners 120 motion at this time. As the necessity and/or availability of an evidentiary hearing will be made on a claim by claim basis, the Court will make such a determination as it decides the merits of Petitioners habeas corpus application. During this process, the Court will review the record of this matter and determine if, under Pinholster and related cases, a hearing may be available or mandated. Signed by Judge James J. Brady on 10/17/2011. (CMM)
November 24, 2009 112 Opinion or Order of the Court ORDER: granting 111 Unopposed MOTION to Enter Scheduling Order filed by Todd Kelvin Wessinger as follows: Status Conference set for 1/26/2010 at 10:00 AM before Judge James J. Brady. Status Conference set for 4/26/2010 at 10:00 AM before Judge Jam es J. Brady. Status Conference set for 9/27/2010 at 10:00 AM before Judge James J. Brady. Amended Pleadings due by 10/31/2010. Answer due 2/1/2011. Reply to Respondent's Answer due 3/1/2011. Wessinger's Reply due by 4/1/2011. Status Conference set for 4/1/2011 at 10:00 AM before Judge James J. Brady. Evidentiary Hearing 5/5/2011-5/9/2011, if so ordered. Signed by Judge James J. Brady on 11/24/2009. (JDL, )
January 21, 2009 92 Opinion or Order of the Court RULING denying 69 Motion for Discovery. Signed by Magistrate Judge Stephen C. Riedlinger on 1/21/09. (BP, )
January 15, 2009 91 Opinion or Order of the Court RULING denying 65 Respondent's Request for Discovery Deposition filed by Charles C. Foti, Jr.. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/09. (BP, )

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