Tate v. Cain

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS 41 . Darryl Tates petition for habeas corpus is GRANTED. Signed by Judge Martin L.C. Feldman on 4/21/2016. (cc: LA Atty General, [e-mail]) (caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DARRYL TATE

CIVIL ACTION

V.

NO. 14-2145

N. BURL CAIN

SECTION "F" (1)
ORDER

Before the Court is the State of Louisiana’s objections to
Magistrate Judge Shushan’s March 3, 2016 Report & Recommendation
to grant Darryl Tate’s habeas corpus petition.
IT IS ORDERED that Darryl Tate’s petition for habeas corpus
is GRANTED.
IT IS FURTHER ORDERED that this case is remanded to state
court and the state trial court shall hold a hearing on the
petitioner’s underlying motion to correct illegal sentence in a
manner consistent with Miller and Montgomery. The petitioner shall
be released if no such hearing is held within 90 days of this
Order.
New Orleans, Louisiana, April 21, 2016

______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE