Freeman v. Clarke

Freeman v. Clarke

Petitioner:	Tyvone Freeman
Respondent:	Harold Clarke
Case Number:	2:2017cv00076
Filed:	February 7, 2017
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Grayson
Presiding Judge:	Douglas E. Miller
Presiding Judge:	Rebecca Beach Smith
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
August 14, 2018	Filing 55 FINAL ORDER. It is ORDERED that Respondent's Motion to Dismiss be DENIED with respect to the claims of ineffective assistance of counsel and the Petitioner's petition be GRANTED unless, within 90 days from the date of entry of this Order, the Richmond Circuit Court resentences Freeman in accordance with Virginia law. Signed by Chief District Judge Rebecca Beach Smith on 8/14/2018. Copies mailed 8/14/2018. (jmey, )
February 14, 2018	Filing 41 ORDER. The court does hereby OVERRULE the Respondent's Objection, and ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the 21 Report and Recommendations. The Respondent's 11 Motion to Dismiss is GRANTED IN PART with respect to the claims of prosecutorial vindictiveness, and DENIED IN PART with respect to the claims of ineffective assistance of counsel. The Petitioner's claim of prosecutorial vindictiveness is hereby DISMISSED, and the Petitioner may p roceed on the claims of ineffective assistance of counsel. The court GRANTS 32 Motion for an Evidentiary Hearing on the ineffective assistance of counsel claim. The court GRANTS the Petitioner's 33 Motion to Appoint Counsel. The court WITH HOLDS RULING on the Petitioner's Motion for Relief. The Clerk is DIRECTED to send a copy of this Order to the Petitioner; John Rockecharlie, the Petitioner's former counsel, to the Petitioner's newly appointed counsel; and to counsel for the Respondent. Signed by Chief District Judge Rebecca Beach Smith on 2/14/2018. Copies mailed to all (with the exception of newly appointed counsel as yet to be appointed) on 2/15/2018. (jmey, )

Date Filed

Document Text

August 14, 2018

Filing 55 FINAL ORDER. It is ORDERED that Respondent's Motion to Dismiss be DENIED with respect to the claims of ineffective assistance of counsel and the Petitioner's petition be GRANTED unless, within 90 days from the date of entry of this Order, the Richmond Circuit Court resentences Freeman in accordance with Virginia law. Signed by Chief District Judge Rebecca Beach Smith on 8/14/2018. Copies mailed 8/14/2018. (jmey, )

February 14, 2018

Filing 41 ORDER. The court does hereby OVERRULE the Respondent's Objection, and ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the 21 Report and Recommendations. The Respondent's 11 Motion to Dismiss is GRANTED IN PART with respect to the claims of prosecutorial vindictiveness, and DENIED IN PART with respect to the claims of ineffective assistance of counsel. The Petitioner's claim of prosecutorial vindictiveness is hereby DISMISSED, and the Petitioner may p roceed on the claims of ineffective assistance of counsel. The court GRANTS 32 Motion for an Evidentiary Hearing on the ineffective assistance of counsel claim. The court GRANTS the Petitioner's 33 Motion to Appoint Counsel. The court WITH HOLDS RULING on the Petitioner's Motion for Relief. The Clerk is DIRECTED to send a copy of this Order to the Petitioner; John Rockecharlie, the Petitioner's former counsel, to the Petitioner's newly appointed counsel; and to counsel for the Respondent. Signed by Chief District Judge Rebecca Beach Smith on 2/14/2018. Copies mailed to all (with the exception of newly appointed counsel as yet to be appointed) on 2/15/2018. (jmey, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Virginia Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Freeman v. Clarke
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Tyvone Freeman
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Harold Clarke
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?