Heck Van Tran v. Roland Colson

Filing

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]

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. [phone]
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