Wilson v. Cain
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|Date Filed||#||Document Text|
|April 8, 2016
JUDGMENT ADOPTING report and recommendations, for the reasons assigned in 60 memorandum ruling, IT IS ORDERED that 57 Report and Recommendation be and is hereby ADOPTED and that petitioner's petition for writ of habeas corpus 1 is GRANTED IN PART and DENIED IN PART, as follows: IT IS ORDERED that claim II of the petition, 1 , which argues that petitioner's mandatory life-without parole sentence is unconstitutional, be and is hereby GRANTED; The court hereby grants a CONDITIONAL WRIT of habeas corpus with respect to Claim II. IT IS FURTHER ORDERED that counsel for the state shall promptly notify the First Judicial District Court, Caddo Parish, Louisiana of this court's order necessitating re-sentencing after a hearing; IT IS FURTHER ORDERED that claims I and III of the Petition, 1 , be and are hereby DENIED and DISMISSED, WITH PREJUDICE; IT IS FURTHER ORDERED that petitioner's unopossed motion to stay and for abeyance of federal proceedings 59 , be and is hereby DENIED. Signed by Judge Donald E Walter on 4/8/2016. (crt,Joffrion, B)
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