Smith v. Cain et al
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|Date Filed||#||Document Text|
|August 11, 2010
Certificate of Appealability Denied. Signed by Chief Judge Ralph E. Tyson on 8/11/2010. (CMM, )
|June 23, 2010
RULING: Having so concluded, and in light of the court's previous dismissal of all other grounds set forth in petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 21), the court shall issue judgment in favor of the State and against petitioner, Bobby Jones, dismissing, with prejudice, petitioner's application for a writ of habeas corpus. Signed by Chief Judge Ralph E. Tyson on 6/23/2010. (JDL, )
|August 12, 2009
RULING Adopting 18 Report and Recommendations of the U.S. Magistrate Judge. Accordingly, petitioner's application for habeas corpus relief shall be DENIED as to Grounds 1 through 6. Further, counsel shall be appointed by the Magistrate Judge to represent petitioner, pursuant to Rule 8(c), Rules Governing Section 2254 Cases, and as provided by the CJA, 28 USC 3006(a)(2)(B). Newly appointed counsel shall move for an evidentiary hearing to be held on Ground 7, as described. Signed by Judge John V. Parker on 8/11/2009. (JDL, )
|June 19, 2009
REPORT AND RECOMMENDATIONS regarding 1 Petition for Writ of Habeas Corpus filed by Bobby Smith. It is the recommendation of the magistrate judge that the petitioner's application for habeas corpus relief be denied as to Grounds 1 through 6. It is further recommended that counsel be appointed to represent the petitioner, pursuant to Rule 8(c), Rules Governing Section 2254 Cases, and as provided by the Criminal Justice Act, 28 U.S.C. § 3006A(a)(2)(B), and that an evidentiary hearing be held on Ground 7, specifically, whether the State exercised its peremptory challenges in a racially discriminatory manner, thereby violating the petitioner's Fourteenth Amendment rights. Objections to R&R due by 7/6/2009. Signed by Magistrate Judge Stephen C. Riedlinger on 6/19/09. (BP, )
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