Brown v. Goodwin et al

Filing 19

ORDER AND REASONS: ORDERED that on or before August 16, 2017, the State through the Jefferson Parish District Attorney SHALL file a supplemental response to include an updated status, relevant information, and resolution, if any, of Browns resentenci ng under Miller and Montgomery. IT IS FURTHER ORDERED that the State through the Jefferson Parish District Attorney SHALL produce supplemental state trial, appellate and/or Louisiana Supreme Court records as stated herein. Signed by Magistrate Judge Karen Wells Roby.(tm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ERIC BROWN

CIVIL ACTION

VERSUS

NO. 16-15717

WARDEN JERRY GOODWIN

SECTION “F”(4)

ORDER AND REASONS
In connection with the petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 filed by Eric Brown, the State on behalf of respondent has argued the defenses of lack of
exhaustion, prematurity, and mootness. The record provided reflects that a status conference was
scheduled before the state trial court on February 15, 2017, to discuss the resentencing options for
Brown pursuant to Miller v. Alabama, 132 S. Ct. 2455 (2012) and Montgomery v. Louisiana, 136
S. Ct. 718 (2016). 1 Broadly construed, Brown’s letter to the Court dated February 25, 2017 at
least implies that he was not sentenced on that date, and the matter remains pending before the
state trial court. 2 The State has not supplemented its response or otherwise updated the state court
records to reflect the current status of Brown’s case. Accordingly,
IT IS ORDERED that on or before August 16, 2017, the State through the Jefferson
Parish District Attorney SHALL file a supplemental response to include an updated status,
relevant information, and resolution, if any, of Brown’s resentencing under Miller and
Montgomery.
IT IS FURTHER ORDERED that the State through the Jefferson Parish District Attorney
SHALL produce supplemental state trial, appellate and/or Louisiana Supreme Court records to

1

St. Rec. Vol. 1 of 7, Minute Entry, 12/8/16.

2

Rec. Doc. No. 16.

include all pleadings, briefs, memoranda, transcripts, and other documents not previously
produced with its response filed on December 16, 2016. The supplemental state court records
should be addressed to the Office of the Clerk, Pro Se Unit, United States District Court, 500
Poydras Street, Room C-151, New Orleans, Louisiana, 70130.
New Orleans, Louisiana, this 27th day of July, 2017.

____________________________________________
KAREN WELLS ROBY
CHIEF UNITED STATES MAGISTRATE JUDGE

2