West v. Russell

Filing 23

MEMORANDUM: For the reasons set forth above, the petition of Jacob West for a writ of habeas corpus is granted. His subject convictions and sentences are vacated. Petitioner is to be released from Missouri state custody, unless he has an opportunity to withdraw his guilty plea within 60 days of this date and thereafter proceed to trial. An appropriate Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 8/11/17. (JAB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JACOB B. WEST, Petitioner, v. TERRY RUSSELL, Respondent. ) ) ) ) ) ) ) ) ) No. 4:15 CV 45 DDN JUDGMENT ORDER In accordance with the Memorandum filed herewith, IT IS HEREBY ORDERED that the petition of Jacob B. West for a writ of habeas corpus is granted. His judgment of convictions and sentences for first degree assault and armed criminal action in the Circuit Court of Jefferson County, Missouri, are vacated. Petitioner must be released from Missouri state incarceration on those convictions, unless within 60 days of this date he is allowed to withdraw his pleas of guilty and proceed to trial. /S/ David D. Noce o UNITED STATES MAGISTRATE JUDGE Signed on August 11, 2017.

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