Wessinger v. Cain, et al

Filing 311

ORDER: Considering the 302 Motion for Reconsideration, the Clerk of Court shall STAY AND ADMINISTRATIVELY CLOSE this case. Parties shall file a motion to lift the stay by no later than 14 days after one of the following occurs: the Supreme Cour t issues a ruling on the Cain, or related, cases; the Supreme Court declines to grant certiorari review of the matter; or the time for seeking such review from the Supreme Court has passed, with no such review having been sought. Signed by Judge John W. deGravelles on 9/25/2023. (LLH)

Case 3:04-cv-00637-JWD-EWD

Document 311

09/25/23 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TODD KELVIN WESSINGER
CIVIL ACTION
VERSUS
NO. 04-637-JWD-EWD
DARREL VANNOY, ET AL.

ORDER
This matter comes before the Court on the State of Louisiana’s Motion to Reconsider (Doc.
302). Petitioner, Todd Wessinger, opposes the motion (Doc. 305). The State has filed a reply in
support of its motion (Doc. 306). Since then, Petitioner has filed two notices of supplemental
authority (Docs. 307, 309), and the State has filed responses to both (Docs. 308, 310).
The Fifth Circuit recently has issued two opinions in which it purports to alter the standard
for granting habeas relief under the Anti-Terrorism and Effective Death Penalty Act. See Crawford
v. Cain, 55 F.4th 981 (5th Cir. 2022); Crawford v. Cain, 68 F.4th 273 (5th Cir. 2023). However,
on June 29, 2023, the Fifth Circuit vacated its prior panel opinion and set the matter for rehearing
en banc. Crawford v. Cain, 72 F.4th 109 (5th Cir. 2023). As the pending Motion to Reconsider is
based on these recent opinions by the Fifth Circuit, and as the Fifth Circuit has not yet issued its
en banc opinion, consideration of the instant Motion to Reconsider is stayed until the Fifth Circuit
issues its en banc opinion and the United States Supreme Court (“Supreme Court”) has ruled on
any appeals therefrom.
Accordingly,
IT IS ORDERED that the Clerk of Court shall STAY AND ADMINISTRATIVELY
CLOSE this case.

Case 3:04-cv-00637-JWD-EWD

Document 311

09/25/23 Page 2 of 2

IT IS FURTHER ORDERED that the parties shall file a motion to lift the stay by no later
than 14 days after one of the following occurs: the Supreme Court issues a ruling on the Cain, or
related, cases; the Supreme Court declines to grant certiorari review of the matter; or the time for
seeking such review from the Supreme Court has passed, with no such review having been sought.
Signed in Baton Rouge, Louisiana, on September 25, 2023.

S
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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