Jones v. Franke

Jones v. Franke

Petitioner:	Scott Douglas Jones
Respondent:	Steve Franke
Case Number:	3:2010cv01474
Filed:	December 2, 2010
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Robert E. Jones
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
December 19, 2013	Filing 98 OPINION AND ORDER. The Amended Petition for Writ of Habeas Corpus 42 is GRANTED on ground four and DENIED on grounds one through three and five. Petitioner's convictions for Unlawful Sexual Penetration in the First Degree are vacated. B ecause petitioner has made a showing of freestanding actual innocence and has completed his sentence on the remaining sexual abuse conviction, respondent is ordered to release petitioner from custody and to discharge him from all other adverse conse quences related to the unlawful penetration convictions within 30 days. The Court grants a certificate of appealability pursuant to 28 U.S.C. § 2253(c) (1) on the issues of: (1) whether a freestanding claim of actual innocence is cognizable in a noncapital federal habeas corpus proceeding; and (2) whether petitioner has satisfied the threshold for proving a freestanding claim of actual innocence. IT IS SO ORDERED. Signed on 12/19/2013 by Judge Robert E. Jones. (gw)

Date Filed

Document Text

December 19, 2013

Filing 98 OPINION AND ORDER. The Amended Petition for Writ of Habeas Corpus 42 is GRANTED on ground four and DENIED on grounds one through three and five. Petitioner's convictions for Unlawful Sexual Penetration in the First Degree are vacated. B ecause petitioner has made a showing of freestanding actual innocence and has completed his sentence on the remaining sexual abuse conviction, respondent is ordered to release petitioner from custody and to discharge him from all other adverse conse quences related to the unlawful penetration convictions within 30 days. The Court grants a certificate of appealability pursuant to 28 U.S.C. § 2253(c) (1) on the issues of: (1) whether a freestanding claim of actual innocence is cognizable in a noncapital federal habeas corpus proceeding; and (2) whether petitioner has satisfied the threshold for proving a freestanding claim of actual innocence. IT IS SO ORDERED. Signed on 12/19/2013 by Judge Robert E. Jones. (gw)

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Respondent: Steve Franke
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Petitioner: Scott Douglas Jones
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