Harris v. Allen (DEATH PENALTY)

Filing 14

ORDER that the 13 MOTION to dissolve stay of federal habeas proceedings is set for submission without oral argument, on December 1, 2009, with the parties to file briefs by said date. The court would like the parties to address several concerns which are further set out in this order. Motion Submission Deadline set for 12/1/2009. Signed by Honorable Myron H. Thompson on 11/18/09. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LOUISE HARRIS, ) ) Petitioner, ) ) v. ) ) RICHARD ALLEN, ) Commissioner, Alabama ) Department of Corrections, ) ) Respondent. ) ORDER It is the ORDER of the court that petitioner Louise Harris's motion to dissolve stay of federal habeas

CIVIL ACTION NO. 2:07cv239-MHT (WO)

proceedings (doc. no. 13) is set for submission, without oral argument, on December 1, 2009, with the parties to file briefs by said date. While the court understands

that the State agrees to the motion, the court would like the parties to address several concerns: First, whether the court has the a authority final to adjudicate and a habeas all

petition

without

judgment

before

essential claims have been exhausted in state court. Second, if the court has such authority, what the

implications are.

For example, if sentencing-related

issues are raised later, after the court's resolution of conviction-related issues, would the later sentencing petition be considered a "successive" petition and

subject to such rules?

Third, identify any federal cases

(trial and appellate), if any, where such partial habeas resolution was allowed. Fourth and finally, any other problems the parties foresee that should be discussed and considered. DONE, this 18th day of November, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE