Davis v. Booker

Filing 76

OPINION and ORDER DENYING PETITIONER'S MOTION FOR ISSUANCE OF WRIT OF HABEAS CORPUS 74 . Signed by District Judge Arthur J. Tarnow. (McColley, N)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS DAVIS,
Case Number: 02-CV-75063

Petitioner,

HON. ARTHUR J. TARNOW

v.
RAYMOND BOOKER,
Respondent.
/

OPINION AND ORDER DENYING PETITIONER’S
MOTION FOR ISSUANCE OF WRIT OF HABEAS CORPUS
In 2009, the Court granted Petitioner Thomas Davis a conditional writ of habeas
corpus because the Court held he was denied his right to the effective assistance of trial
and appellate counsel and because the prosecutor committed misconduct. Davis v.
Booker, 594 F. Supp. 2d 802 (E.D. Mich. 2009). The conditional writ required a date for
new trial to be scheduled within ninety days, or Petitioner would be unconditionally
released. Id. The Sixth Circuit Court of Appeals reversed. Davis v. Booker, 589 F.3d
302 (6th Cir. 2009). Now before the Court is Petitioner’s Motion for Issuance of Writ of
Habeas Corpus (ECF No. 74).
Petitioner seeks issuance of an unconditional writ of habeas corpus. He maintains
he must be unconditionally released because the State failed to schedule a new trial within
ninety days. Because the Court of Appeals reversed the decision to conditionally grant
habeas relief, Petitioner is not entitled to the relief afforded by this Court’s decision.

The Court DENIES Petitioner’s Motion for Issuance of Writ of Habeas Corpus
(ECF No. 74).
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE
DATE: June 26, 2019

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