McKinney v. Paskett, et al

Filing 296

JUDGMENT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sb)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO RANDY LYN MCKINNEY, ) ) Petitioner, ) ) v. ) ) GREG FISHER, Warden, ) ) Respondent. ) ______________________________ )

Case No. CV 96-0177-S-BLW CAPITAL CASE JUDGMENT

Based upon the Court's Memorandum Decision and Order filed herewith, IT IS HEREBY ORDERED, DECREED, AND ADJUDGED that the Third Amended Petition for Writ of Habeas Corpus shall be conditionally GRANTED in part and DENIED in part. A Writ of Habeas Corpus shall issue as to Petitioner's death sentence unless the State of Idaho initiates a new capital sentencing proceeding, or vacates the death sentence and imposes a lesser sentence, within 180 days of the date that this Judgment is entered on the docket. DATED: September 25, 2009

Honorable B. Lynn Winmill Chief U. S. District Judge