Andrew Thomas, Jr. v. Wayne Carpenter

Filing

OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and the case is REMANDED with directions to issue the writ of habeas corpus unless the State affords Petitioner a new trial within a period of time to be established. Decision for publication. Gilbert S. Merritt (AUTHORING), Eugene E. Siler, Jr. (DISSENTING), and Bernice Bouie Donald, Circuit Judges.

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Case: 15-5399 Document: 54-3 Filed: 02/24/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-5399 ANDREW LEE THOMAS, JR., Petitioner - Appellant, FILED Feb 24, 2017 DEBORAH S. HUNT, Clerk v. BRUCE WESTBROOKS, Warden, Respondent - Appellee. Before: MERRITT, SILER, and DONALD, 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 of the district court is REVERSED, and the case is REMANDED with directions to issue the writ of habeas corpus unless the State affords Petitioner a new trial within a period of time to be established. ENTERED BY ORDER OF THE COURT ____________________________________ Deborah S. Hunt, Clerk

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