Jennings v. Morgan

Filing 55

ORDER by Judge Charles R. Simpson, III on 12/18/09; for the reasons set forth in 54 Memorandum Opinion, the petitioner's Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED. IT IS FURTHER ORDERED that Respondent serve a copy of this Order and the accompanying Opinion to the state court and prosecuting attorney within 14 days of receipt of this Order. Respondent must file a proof of service with this Court. cc:Petitioner, Counsel (SC)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE MICHAEL JENNINGS v. JAMES L. MORGAN ORDER For the reasons set forth in the Opinion issued herewith, IT IS HEREBY ORDERED that petitioner's application for a writ of habeas corpus is CONDITIONALLY GRANTED. IT IS FURTHER ORDERED that unless the State takes action to vacate petitioner's pleas and afford him a new trial within 120 days of the date of this Order, he may apply for a writ ordering respondent to release him from custody forthwith. IT IS FURTHER ORDERED that Respondent serve a copy of this Order and the accompanying Opinion to the appropriate state court and prosecuting attorney within 14 days of receipt of this Order. Respondent must file a proof of service with this Court. PETITIONER CIVIL ACTION NO. 3:06-CV-P309-S RESPONDENT

December 18, 2009