Jackson v. Norris

Filing 140

ORDER granting 135 motion for stay. The judgment and decree entered 3/23/2020 is stayed until the United States Court of Appeals for the Eighth Circuit issues its mandate at the conclusion of the appeal of this matter. Signed by Judge Susan Webber Wright on 5/26/2020. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
THIS IS A CAPITAL CASE

ALVIN BERNAL JACKSON

PETITIONER
No. 5:03-CV-00405 SWW

LARRY NORRIS, Director,
Arkansas Department of Correction,

RESPONDENT

ORDER
By order and judgment and decree entered March 23, 2020, the Court granted habeas
relief as to the claim that Petitioner is ineligible for the death penalty under Atkins v. Virginia,
536 U.S. 304, 122 S. Ct. 2242 (2002). The judgment and decree require that the State reduce
Petitioner’s sentence to life imprisonment without parole. The State has filed a notice of appeal
and moves for a stay of the judgment and decree pending appeal [ECF No. 135]. Petitioner has
filed a response [ECF No. 139] stating that he does not oppose a stay pending appeal.
IT IS THEREFORE ORDERED that Petitioner’s motion [ECF NO. 135] is GRANTED.
The judgment and decree entered on March 23, 2020 is stayed until the United States Court of
Appeals for the Eighth Circuit issues its mandate at the conclusion of the appeal of this matter.
IT IS SO ORDERED THIS 26th DAY OF MAY, 2020.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE