Robert Woodall v. Thomas Simpson


OPINION and JUDGMENT filed: The judgment of the district court is AFFIRMED and the case is REMANDED with instructions to conditionally grant the writ unless the State of Kentucky elects to initiate resentencing proceedings within 180 days of the district court's order. Decision for publication pursuant to local rule 206. Boyce F. Martin , Jr. (AUTHORING), Deborah L. Cook (DISSENTING), and Richard Allen Griffin, Circuit Judges. [09-5352, 09-5406]

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Case: 09-5352 Document: 006111366683 Filed: 07/12/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: July 12, 2012 Mr. David Hare Harshaw III Commonwealth of Kentucky Department of Public Advocacy 207 Parker Drive, Suite 1 LaGrange, KY 40032 Mr. Laurence E. Komp P.O. Box 1785 Manchester, MO 63011-0000 Ms. Susan Roncarti Lenz Office of the Kentucky Attorney General 1024 Capital Center Drive Frankfort, KY 40601 Re: Case Nos. 09-5352/09-5406, Robert Woodall v. Thomas Simpson Originating Case No. 06-00216 Dear Counsel, The court today announced its decision in the above-styled cases. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Leonard Green, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Vanessa L. Armstrong Enclosures Mandate to issue.

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