Derry Lovins v. Tony Parker
Filing
OPINION and JUDGMENT filed: district court's denial of relief on Lovins's claims of trial error is AFFIRMED. It is further ordered that the district court's denial of habeas corpus as to Lovins's Blakely claim is REVERSED, and a writ of habeas corpus is conditionally GRANTED unless the State initiates proceedings within 180 days of this order to either (1) reset Lovins's sentence to the presumptive statutory sentence of twenty years, or (2) provide Lovins a new sentencing hearing under a sentencing procedure that satisfies the Sixth Amendment right to trial by jury, decision for publication. Eric L. Clay; Jane Branstetter Stranch (AUTHORING), Circuit Judges and Robert Holmes Bell, U.S. District Judge for the W. D. of MI.
Case: 11-5545
Document: 006111636330
Filed: 03/28/2013
Page: 1
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
No. 11-5545
Mar 28, 2013
DERRY LOVINS,
Petitioner - Appellant,
DEBORAH S. HUNT, Clerk
v.
TONY PARKER, Warden,
Respondent - Appellee.
Before: CLAY and STRANCH, Circuit Judges; BELL, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial of
relief on Lovins’s claims of trial error is AFFIRMED. IT IS FURTHER ORDERED that the
district court’s denial of habeas corpus as to Lovins’s Blakely claim is REVERSED, and a writ
of habeas corpus is conditionally GRANTED unless the State initiates proceedings within 180
days of this order to either (1) reset Lovins’s sentence to the presumptive statutory sentence of
twenty years, or (2) provide Lovins a new sentencing hearing under a sentencing procedure that
satisfies the Sixth Amendment right to trial by jury.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
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