Torkelson v. Nooth

Torkelson v. Nooth

Petitioner:	James David Torkelson
Respondent:	Mark Nooth
Case Number:	3:2010cv01183
Filed:	September 27, 2010
Court:	US District Court for the District of Oregon
Office:	Portland Office
Presiding Judge:	Garr M. King
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
July 23, 2012	Filing 40 OPINION AND ORDER. The Petition for Writ of Habeas Corpus 2 is granted as to petitioner's Ground One confrontation claim. In the event this decision is appealed, the court issues a Certificate of Appealability only as to: (1) whether pe titioner fairly presented his Ground One claim to Oregon's state courts; and (2) whether the introduction of Michelle Hartford's out-of-court statements had a substantial and injurious effect upon petitioner's trial with respect to his convictions for Kidnapping in the Second Degree as contained in Count One of the Indictment and Conspiracy to Commit Kidnapping in the Second Degree as contained in Count Six of the Indictment. Any request for a Certificate of Appealability as to any other issue is denied. IT IS SO ORDERED. Signed on 7/23/2012 by Judge Garr M. King. (gw)

Date Filed

Document Text

July 23, 2012

Filing 40 OPINION AND ORDER. The Petition for Writ of Habeas Corpus 2 is granted as to petitioner's Ground One confrontation claim. In the event this decision is appealed, the court issues a Certificate of Appealability only as to: (1) whether pe titioner fairly presented his Ground One claim to Oregon's state courts; and (2) whether the introduction of Michelle Hartford's out-of-court statements had a substantial and injurious effect upon petitioner's trial with respect to his convictions for Kidnapping in the Second Degree as contained in Count One of the Indictment and Conspiracy to Commit Kidnapping in the Second Degree as contained in Count Six of the Indictment. Any request for a Certificate of Appealability as to any other issue is denied. IT IS SO ORDERED. Signed on 7/23/2012 by Judge Garr M. King. (gw)

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Respondent: Mark Nooth
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Petitioner: James David Torkelson
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