Wilson v. Cain

Wilson v. Cain

Plaintiff:	Aaron Wilson
Defendant:	Warden Louisiana State Penitentiary
Case Number:	5:2012cv00310
Filed:	January 27, 2012
Court:	US District Court for the Western District of Louisiana
Office:	Shreveport Office
County:	XX US, Outside State
Presiding Judge:	Donald E Walter
Presiding Judge:	Mark L Hornsby
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 8, 2016	Filing 61 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)

Date Filed

Document Text

April 8, 2016

Filing 61 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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Plaintiff: Aaron Wilson
Represented By:	Bidish J. Sarma
Represented By:	Blythe Taplin
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Defendant: Warden Louisiana State Penitentiary
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