BAUBERGER v. HANES

BAUBERGER v. HANES

Petitioner:	WILLIAM THOMAS BAUBERGER
Respondent:	GRADY HANES
Case Number:	1:2008cv00015
Filed:	January 4, 2008
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Forsyth
Presiding Judge:
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	UNASSIGNED
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 17, 2010	Filing 36 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 3/17/10 that the State's motion for stay pending appeal Doc. 23 is GRANTED. IT IS FURTHER ORDERED that Bauberger's motion for release pending appeal [Doc. 32] is DENIED. (Wilson, JoAnne)
October 27, 2009	Filing 20 MEMORANDUM OPINION and ORDER that the States motion for summary judgment (Doc. 6) be DENIED and the petition (Doc. 1) be GRANTED. IT IS FURTHER ORDERED that the writ of habeas corpus issue, and that Baubergers conviction for second-degree murder in the case of State v. Bauberger, 02 CRS 51225, be vacated and set aside and the State of North Carolina unconditionally release Bauberger from custody unless, within a reasonable time of the date of entry of the Judgment in this case, Bauberger is re-tried on the second-degree murder charge.IT IS FURTHER ORDERED that the parties inform the court whether there has been compliance with this Order.. Signed by JUDGE THOMAS D. SCHROEDER on 10/27/2009. (Solomon, Dianne)

Date Filed

Document Text

March 17, 2010

Filing 36 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 3/17/10 that the State's motion for stay pending appeal Doc. 23 is GRANTED. IT IS FURTHER ORDERED that Bauberger's motion for release pending appeal [Doc. 32] is DENIED. (Wilson, JoAnne)

October 27, 2009

Filing 20 MEMORANDUM OPINION and ORDER that the States motion for summary judgment (Doc. 6) be DENIED and the petition (Doc. 1) be GRANTED. IT IS FURTHER ORDERED that the writ of habeas corpus issue, and that Baubergers conviction for second-degree murder in the case of State v. Bauberger, 02 CRS 51225, be vacated and set aside and the State of North Carolina unconditionally release Bauberger from custody unless, within a reasonable time of the date of entry of the Judgment in this case, Bauberger is re-tried on the second-degree murder charge.IT IS FURTHER ORDERED that the parties inform the court whether there has been compliance with this Order.. Signed by JUDGE THOMAS D. SCHROEDER on 10/27/2009. (Solomon, Dianne)

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Petitioner: WILLIAM THOMAS BAUBERGER
Represented By:	DAVID LYBROOK NEAL
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Respondent: GRADY HANES
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