Robert Woodall v. Thomas Simpson

Filing

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]

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. [phone]
www.ca6.uscourts.gov

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.