Heck Van Tran v. Roland Colson


OPINION and JUDGMENT filed: The judgment with regard to the application of Atkins is VACATED, and the case is REMANDED to the district court with instructions to issue a conditional writ of habeas corpus prohibiting execution unless the State completes a new Atkins hearing consistent with the opinion of this court.decision for publication. John M. Rogers (AUTHORING), Deborah L. Cook, and Helene N. White, Circuit Judges. *The date the case was argued did not appear on page 1 of the originally filed opinion. The opinion now shows the argument date.--[Edited 08/25/2014 by CL]

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Case: 11-5867 Document: 95-1 Filed: 08/25/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: August 25, 2014 Mr. James E. Gaylord Ms. Jennifer Lynn Smith Office of the Attorney General Criminal Justice Division P.O. Box 20207 Nashville, TN 37202 Mr. Robert Louis Hutton Sr. Glankler Brown 6000 Poplar Avenue, Suite 400 Memphis, TN 38119 Mr. Brock Mehler 209 Tenth Avenue, S., Suite 211 Nashville, TN 37203 Mr. Steven John Mulroy Cecil C. Humphreys School of Law University of Memphis 207 Humphreys Law School Memphis, TN 38152-0000 Re: Case No. 11-5867, Heck Van Tran v. Roland Colson Originating Case No. : 2:00-cv-2451 Dear Counsel, The court today announced its decision in the above-styled case. 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, Deborah S. Hunt, Clerk Case: 11-5867 Document: 95-1 Filed: 08/25/2014 Cathryn Lovely Deputy Clerk cc: Mr. Thomas M. Gould Enclosures Mandate to issue. Page: 2

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