Holmes v. United States of America
||Michael James Holmes
||United States of America
||August 5, 2008
||US District Court for the Eastern District of Missouri
||Prisoner: Vacate Sentence Office
||St. Louis - City
||Carol E. Jackson
|Nature of Suit:
|Cause of Action:
||U.S. Government Defendant
|Jury Demanded By:
||28:2255 Motion to Vacate / Correct Illegal Sentenc
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|June 28, 2017
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of Michael James Holmes for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure [Doc. # 83 ] is denied. Signed by District Judge Carol E. Jackson on 6/28/2017. (CLO)
|November 3, 2015
MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that the motion of Michael James Holmes for a certificate of innocence, pursuant to 28 U.S.C. § 2513 [Doc. # 42 ] is denied.IT IS FURTHER ORDERED that the motions for leave to file a supplemental reply and to file exhibits [Doc. ## 54 and 55 ] are granted. 55 MOTION for Leave to File Exhibits to Supplemental Reply in Support of Motion for Certificate of Innocence Under Seal filed by Petitioner Michael James Holmes, 54 MOTION for Leave to File Supplemental Reply in Support of Motion for Certificate of Innocence filed by Petitioner Michael James Holmes. Signed by District Judge Carol E. Jackson on 11/3/15. (KKS)
|September 26, 2011
MEMORANDUM;... There has been no claim that the government knowingly presented perjured testimony at Holmes's trial and there is nothing to support such a claim. Indeed, it is the Court's firm belief that at the time of the trial the gover nment had no reason to question the credibility of its witnesses. However, the witnesses have now been discredited, and the government would not have been able to meet its burden of proof with the remaining evidence. Thus, for the reasons discussed a bove, the Court finds that Holmes has met his burden of establishing his entitlement to a new trial based on newly discovered. Because Holmes will receive a new trial, it is unnecessary to address his additional claims regarding the admissibility of evidence and ineffective assistance of counsel. A separate Order granting the movant's request for relief will accompany this Memorandum. Signed by Honorable Carol E. Jackson on 09/26/2011; (DJO)
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