Jackson v. Norris

Filing 36

AMENDED and SUBSTITUTED JUDGMENT re 20 Judgment is VACATED, for the reasons stated in 19 Memorandum Order, 35 Order. Petitioner Artie Jacksons § 2254 petition for writ of habeas corpus be, and it is hereby, GRANTED. His state convictions are hereby set aside. Pending review of this Courts ruling, Petitioner Jackson shall be released from custody on a personal recognizance bond based on Fed. R. App. P. 23(c). Signed by Judge G. Thomas Eisele on 8/26/10, Nunc Pro Tunc, July 20, 2010. (dac)

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Jackson v. Norris Doc. 36 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ARTIE JACKSON VS. PLAINTIFF/PETITIONER NO. 4:08-CV-03319 GTE-JTK RAY HOBBS, Director, Arkansas Department of Correction DEFENDANT/RESPONDENT AMENDED AND SUBSTITUTED JUDGMENT This Judgment is entered in substitution for this Court's original Judgment1 which is hereby VACATED. For the reasons stated in the Memorandum Opinion entered on July 20, 2010, and the Order entered on August 25, 2010,2 IT IS HEREBY CONSIDERED, ORDERED, AND ADJUDGED THAT Petitioner Artie Jackson's 2254 petition for writ of habeas corpus be, and it is hereby, GRANTED. His state convictions are hereby set aside. Pending review of this Court's ruling, Petitioner Jackson shall be released from custody on a personal recognizance bond based on Fed. R. App. P. 23(c). If this Court's ruling to set aside the convictions is affirmed, the State of Arkansas shall take the steps necessary to expunge the convictions from the record. Additionally, the State of 1 Doc. No. 20. Counsel for both parties have indicated that they have no objection to the terms of this Judgment. 2 1 Dockets.Justia.com Arkansas may, at its election, retry Jackson but only if trial proceedings are commenced not later than 90 days after the date the appeal proceedings become final. If this Court's ruling is overruled and the convictions are reinstated, the State of Arkansas shall promptly advise Jackson when and where he shall report to continue serving his criminal sentence. IT IS SO ORDERED this 26th day of August, 2010, nunc pro tunc, July 20, 2010. /s/Garnett Thomas Eisele UNITED STATES DISTRICT JUDGE 2

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