Robertson v. Kelley

Filing 8

ORDER approving and adopting 7 Recommended Disposition in its entirety as this Court's findings in all respects; granting the 2 petition for writ of habeas corpus; vacating the judgment of conviction and sentence of the Polk County Circuit Court in State of Arkansas v. Amy R. Robertson, Case No. CR-2012-151; and ordering Respondent to release immediately Ms. Robertson from custody. Respondent must file a notice with this Court when Ms. Robertson has been released. Further, Respondent must file, within 30 days of entry of this Order, documentation confirming that the Polk County Circuit Court's records reflect the vacatur of Ms. Robertson's conviction and sentence in Case No. CR-2012-151. Signed by Judge Kristine G. Baker on 07/11/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
AMY R. ROBERTSON
v.

PETITIONER
Case No. 5:16-cv-00185-KGB/JTR

WENDY KELLEY, Director
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition submitted by United States
Magistrate Judge J. Thomas Ray (Dkt. No. 7). Through informal communications with counsel,
the Court has been informed that Respondent Wendy Kelley does not object to the
Recommended Disposition.

After careful consideration, the Court concludes that the

Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this
Court’s findings in all respects. Judgment will be entered accordingly.
It is therefore ordered that this petition for writ of habeas corpus under 28 U.S.C. § 2254
is granted (Dkt. No. 2). The judgment of conviction and sentence of the Polk County Circuit
Court in State of Arkansas v. Amy R. Robertson, Case No. CR-2012-151, is vacated. Respondent
is ordered to release immediately Ms. Robertson from custody.
Respondent must file a notice with this Court when Ms. Robertson has been released.
Further, Respondent must file, within 30 days of entry of this Order, documentation confirming
that the Polk County Circuit Court’s records reflect the vacatur of Ms. Robertson’s conviction
and sentence in Case No. CR-2012-151.
So ordered this the 11th day of July, 2016.
________________________________
Kristine G. Baker
United States District Judge