Tyree v. Nooth

Tyree v. Nooth

Petitioner:	Paul Lloyd Tyree
Respondent:	Mark Nooth
Case Number:	2:2012cv00192
Filed:	February 2, 2012
Court:	US District Court for the District of Oregon
Office:	Pendleton Office
Presiding Judge:	John Jelderks
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
June 5, 2015	Filing 89 ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation 84 and, therefore, GRANTS the Petition 2 for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 as to Ground Two related to Petitioner's con viction for Sexual Abuse of M.V. in the First Degree, DENIES the Petition as to the remaining asserted grounds related to Petitioner's convictions for other crimes, and ORDERS Respondent to recalculate Petitioner's sentences. The Court D IRECTS the parties to file a Joint Status Report no later than 60 days after the entry of Judgment advising the Court of the status of this matter. The Court advises the parties that if Petitioner is not given a new trial on Count 4 within 60 days of the entry of Judgment in this case, Petitioner's sentence as to Count 4 is vacated. Signed on 06/05/2015 by Judge Anna J. Brown. See attached 3 page Order for full text. (bb)

Date Filed

Document Text

June 5, 2015

Filing 89 ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation 84 and, therefore, GRANTS the Petition 2 for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 as to Ground Two related to Petitioner's con viction for Sexual Abuse of M.V. in the First Degree, DENIES the Petition as to the remaining asserted grounds related to Petitioner's convictions for other crimes, and ORDERS Respondent to recalculate Petitioner's sentences. The Court D IRECTS the parties to file a Joint Status Report no later than 60 days after the entry of Judgment advising the Court of the status of this matter. The Court advises the parties that if Petitioner is not given a new trial on Count 4 within 60 days of the entry of Judgment in this case, Petitioner's sentence as to Count 4 is vacated. Signed on 06/05/2015 by Judge Anna J. Brown. See attached 3 page Order for full text. (bb)

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Respondent: Mark Nooth
Represented By:	Andrew D. Hallman
Represented By:	Lynn David Larsen
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Petitioner: Paul Lloyd Tyree
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