Hardaway v. Robinson
ORDER Conditionally Granting the Writ of Habeas Corpus. (re 71 Appeal Mandate) Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
CASE NO. 01-CV-70230-DT
HONORABLE GEORGE CARAM STEEH
ORDER CONDITIONALLY GRANTING THE WRIT OF HABEAS CORPUS
This matter is pending before the Court on remand from the United States Court
of Appeals for the Sixth Circuit. On January 3, 2008, the Court denied petitioner
Holland Hardaway’s application for the writ of habeas corpus under 28 U.S.C. § 2254.
One of the issues was whether petitioner’s first appellate attorney was ineffective for
failing to file a timely appellate brief. The Court determined that appellate counsel’s
performance was deficient, but that the deficient performance did not prejudice
On appeal from the Court’s decision, petitioner argued that (1) the trial judge
gave the jury a coercive Allen1 instruction and (2) his appellate attorney was ineffective.
The Sixth Circuit Court of Appeals found no merit in petitioner’s first claim, but
determined that petitioner was entitled to relief on his second claim. The Court of
Appeals stated that appellate counsel’s failure to file a timely brief deprived petitioner of
See Allen v. United States, 164 U.S. 492, 501-02 (1896).
a direct appeal, which was not cured by the ability to appeal from later state collateral
proceedings. The Court of Appeals reversed this Court’s denial of habeas relief and
remanded the case with instructions to issue a conditional writ directing the state to
afford petitioner a direct appeal.
In light of the Court of Appeals decision, the Court hereby GRANTS a conditional
writ of habeas corpus on petitioner’s claim that his first appellate attorney was
ineffective. The State is ORDERED to release petitioner unless it grants him an appeal
of right within sixty (60) days of the date of this order.
Dated: June 23, 2011
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 23, 2011, by electronic and/or ordinary mail and also to
Holland Hardaway at Mound Correctional Facility, 17601
Mound Road, Detroit, MI 48212.
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