Davenport v. Richardson

Filing 14

JUDGMENT: Based on 13 Memorandum Ruling and for reasons assigned in 10 Report and Recommendations, ORDERED that Petitioner's petition for relief pursuant to 28 USC Sec 2241 is GRANTED and the State of Louisiana is barred from subjecting Peti tioner to a second trial for the aggravated rape charge on which he was previously acquitted. FURTHER ORDERED that the State release Petitioner immediately unless it has authority to detain him. The Clerk is ordered to close this case. Signed by Judge S Maurice Hicks on 1/20/2016. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

MORRIS DAVENPORT, JR.

CIVIL ACTION NO. 14-1092

VERSUS

JUDGE S. MAURICE HICKS, JR.

RONNY RICHARDSON

MAGISTRATE JUDGE HORNSBY

JUDGMENT
Based on the foregoing Memorandum Ruling (Record Document 13) and for the the
reasons assigned in the Report and Recommendation (Record Document 10) of the
Magistrate Judge previously filed herein, and having thoroughly reviewed the record,
including the written objections filed, and concurring with the findings of the Magistrate
Judge under the applicable law;
IT IS ORDERED that Petitioner’s petition for relief pursuant to 28 U.S.C. § 2241 is
GRANTED and the State of Louisiana is barred from subjecting Petitioner to a second trial
for the aggravated rape charge on which he was previously acquitted.
IT IS FURTHER ORDERED that the State release Petitioner immediately, unless
it has other authority to detain him.
The Clerk of Court is directed to close this case.
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 20th day of January,
2016.