Payne v. Frink et al
| Tyrone Everett Payne |
| Mike Mahoney and Attorney General of the State of Montana |
| 9:2011cv00042 |
| March 10, 2011 |
| US District Court for the District of Montana |
| Missoula Office |
| MISSOULA |
| Jeremiah C. Lynch |
| Donald W. Molloy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
60
ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS. Payne's petition 1 is CONDITIONALLY GRANTED as to the Crawford claim. The Jackson claim and the Lambert claim are DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED as to the Ja ckson and Lambert claims.The judgment entered in Missoula County Cause No. DC-09-174 on February 10, 2010, is VACATED. Within 45 days of the date of this Order, the State may renew proceedings against Payne in the trial court. If the State renews th e proceedings, it must timely file a Notice stating that it has done so. If the State does not timely file notice of the renewal of proceedings in the trial court, this Court will order Paynes unconditional release from all custody based on the vacated conviction, and he may not be retried. Signed by Judge Donald W. Molloy on 5/10/2013. Mailed to Payne. (TAG, )
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Filing
51
ORDER denying 49 Motion to Sanction Respondent. Payne may file a Reply on or before December 19, 2012. Signed by Jeremiah C. Lynch on 11/27/2012. Mailed to Payne. (TAG, )
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Filing
30
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 27 in full. The Petition 1 is DISMISSED; a certificate of appealability is GRANTED. Signed by Judge Donald W. Molloy on 8/29/2011. Mailed to Payne. (TAG, )
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