Gable v. Williams

Gable v. Williams

Petitioner:	Frank E. Gable
Respondent:	Max Williams
Case Number:	3:2007cv00413
Filed:	March 22, 2007
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
County:	Marion
Presiding Judge:	Donald C. Ashmanskas
Nature of Suit:	Prisoner Petitions: 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
May 12, 2023	Filing 210 OPINION AND ORDER: For these reasons, IT IS ORDERED that the relief granted to Gable in this court's May 8, 2023, Order (ECF No. 207 ) remains in effect, specifically, that Gable is unconditionally released and discharged on the conviction obtained in Marion County Case No. 90C-20442; that the April 6, 1990 Secret Indictment issued by the Marion County grand jury in Case No. 90C-20442 is DISMISSED WITH PREJUDICE; and that the State of Oregon and any subdivision or county the reof are hereafter BARRED from rearresting, reindicting or retrying Gable for the murder of Michael Francke. IT IS FURTHER ORDERED that Gable's conviction be vacated and expunged from the records by the State of Oregon. DATED this 12th day of May, 2023, by United States Magistrate Judge John V. Acosta. (pjg)
April 18, 2019	Filing 169 JUDGMENT: Gable's Amended Petition for Writ of Habeas Corpus (ECF No. 61 ) is GRANTED IN PART and DENIED IN PART. The Amended Petition is GRANTED on the bases that the trial court erred in excluding evidence of third-party guilt and that trial counsel provided ineffective assistance in failing to assert Gable's federal due process rights in the face of the trial court's error. The Amended Petition is DENIED on the remaining claims for relief, including Gable's claim t hat trial counsel was ineffective in failing to advise Gable of his ex post facto rights and in failing to raise an ex post facto objection to the sentencing options at the penalty phase, as well as Gable's free-standing claim o f actual innocence. Gable shall be released from custody unless the State of Oregon elects to retry him within 90 days of the date of this order. A certificate of appealability is GRANTED as to all grounds for relief discussed herein on the basis that Gable has made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Signed on 4/18/2019 by Magistrate Judge John V. Acosta. (joha)

Date Filed

Document Text

May 12, 2023

Filing 210 OPINION AND ORDER: For these reasons, IT IS ORDERED that the relief granted to Gable in this court's May 8, 2023, Order (ECF No. 207 ) remains in effect, specifically, that Gable is unconditionally released and discharged on the conviction obtained in Marion County Case No. 90C-20442; that the April 6, 1990 Secret Indictment issued by the Marion County grand jury in Case No. 90C-20442 is DISMISSED WITH PREJUDICE; and that the State of Oregon and any subdivision or county the reof are hereafter BARRED from rearresting, reindicting or retrying Gable for the murder of Michael Francke. IT IS FURTHER ORDERED that Gable's conviction be vacated and expunged from the records by the State of Oregon. DATED this 12th day of May, 2023, by United States Magistrate Judge John V. Acosta. (pjg)

April 18, 2019

Filing 169 JUDGMENT: Gable's Amended Petition for Writ of Habeas Corpus (ECF No. 61 ) is GRANTED IN PART and DENIED IN PART. The Amended Petition is GRANTED on the bases that the trial court erred in excluding evidence of third-party guilt and that trial counsel provided ineffective assistance in failing to assert Gable's federal due process rights in the face of the trial court's error. The Amended Petition is DENIED on the remaining claims for relief, including Gable's claim t hat trial counsel was ineffective in failing to advise Gable of his ex post facto rights and in failing to raise an ex post facto objection to the sentencing options at the penalty phase, as well as Gable's free-standing claim o f actual innocence. Gable shall be released from custody unless the State of Oregon elects to retry him within 90 days of the date of this order. A certificate of appealability is GRANTED as to all grounds for relief discussed herein on the basis that Gable has made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Signed on 4/18/2019 by Magistrate Judge John V. Acosta. (joha)

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Petitioner: Frank E. Gable
Represented By:	Nell Brown
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Respondent: Max Williams
Represented By:	Douglas Park
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