No. 18-8047
Response WaivedIFP
Tags: conviction-nullification convictions criminal-procedure disposition due-process federal-courts habeas-corpus judicial-discretion nullification re-sentencing relief-standard sentencing state-law
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-03-22
Question Presented (AI Summary)
Whether the district court must grant relief by adhering to the relief dictated by state law when the state concedes in habeas corpus proceedings and asks the court to vacate some of the convictions challenged
Question Presented (OCR Extract)
QUESTION PRESENTED WHEN THE STATE CONCEDES IN HABEAS CORPUS PROCEEDINGS AND ASKS THE COURT TO VACATE SOME OF THE CONVICTIONS CHALLENGED, WHETHER THE DISTRICT COURT MUST GRANT RELIEF BY ADHERING TO THE RELIEF DICTATED BY STATE LAW REQUIRING REMAND FOR RE-SENTENCING AFTER CONVICTIONS ARE NULLIFIEDTO PUT THE PETITIONER IN THE POSITION HE WOULD HAVE OTHERWISE BEEN AND TO DISPOSE OF THE MATTER AS LAW AND JUSTICE REQUIRE.
Docket Entries
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent Steve Franke to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
Attorneys
Randy L. Pope
Tonia L. Moro — Tonia L. Moro, Attorney at Law P.C., Petitioner
Tonia L. Moro — Tonia L. Moro, Attorney at Law P.C., Petitioner
Steve Franke
Benjamin Noah Gutman — Oregon Department of Justice, Respondent
Benjamin Noah Gutman — Oregon Department of Justice, Respondent