Wright v. Avoyelles Correctional Center

Filing 22

JUDGMENT ADOPTING 18 Report and Recommendations, CONDITIONALLY GRANTING Petitioner's petition for writ of habeas corpus relief. The State is ordered to release Petitioner from any sentence based on the convictions obtained at the trial in th is case unless the State affords Petitioner a new trial within 180 days of the finality of this Court's judgment. Petitioner must be afforded his Sixth Amendment rights in accordance with this Court's decision at the new trial. The State may apply for a stay of this judgment pending any appeal. Signed by Judge S Maurice Hicks on 02/11/2016. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
BENJAMIN F. WRIGHT

CIVIL ACTION NO. 12-2813

VERSUS

JUDGE S. MAURICE HICKS, JR.

NATHAN CAIN

MAGISTRATE JUDGE HORNSBY
JUDGMENT

For the reasons assigned in the Report and Recommendation of the Magistrate
Judge previously filed herein, and having thoroughly reviewed the record, including the
written objections (Record Documents, 19, 20 & 21) filed and the recent opinion of the
United States Court of Appeals for the Fifth Circuit in U.S. v. Weast, No. 14-11253 (January
26, 2016), and concurring with the findings of the Magistrate Judge under the applicable
law;
IT IS ORDERED that Petitioner’s petition for writ of habeas corpus relief is
CONDITIONALLY GRANTED. The State is ordered to release Petitioner from any
sentence based on the convictions obtained at the trial in this case unless the State affords
Petitioner a new trial within 180 days of the finality of this Court’s judgment. Petitioner must
be afforded his Sixth Amendment rights, in accordance with this Court’s decision, at the
new trial. The State may apply for a stay of this judgment pending any appeal.
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 11th day of February,
2016.