Hittson (DEATH PEN.) v. Upton

Filing 104

ORDER GRANTING IN PART AND DENYING IN PART re 45 Amended Petition for Writ of Habeas Corpus filed by Travis Clinton Hittson. Claims Three through Twenty in the Amended Petition for Writ of Habeas Corpus are DENIED with prejudice. The Writ of Hab eas Corpus shall issue on Claims One and Two only, and the death sentence entered in Case No. 92-C-18076-M in the Superior Court of Houston County, Georgia, is VACATED and the State of Georgia shall, within a reasonable time, decide to hold a new sen tencing hearing or impose a lesser sentence consistent with the law. A COA is issued only for Hittson's claim that his right to a fair trial and reliable sentencing, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the Uni ted States Constitution, was denied due to the State's failure to disclose Vollmer's psychiatric report and Vollmer's post arrest letters. (Doc. 45 at 99-111). The effect of this Order will be automatically stayed pending resolution of any appeal taken to the Eleventh Circuit Court of Appeals. The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Marc Thomas Treadwell on 11/13/2012. (tlh)