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: 95-3

Filed: 08/25/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-5867

FILED
Aug 25, 2014

HECK VAN TRAN,
Petitioner - Appellant,

DEBORAH S. HUNT, Clerk

v.
ROLAND COLSON, Warden,
Respondent - Appellee.
Before: ROGERS, COOK, and WHITE, Circuit Judges.
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 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.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk