Sampson v. Palmer et al
ORDER that the conditional writ granted on June 13, 2016 has been satisfied. Signed by Judge Larry R. Hicks on 4/10/2018. (Copies have been distributed pursuant to the NEF - LH)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:11-cv-00019-LRH-WGC
JACK PALMER, et al.,
In 2003, petitioner was convicted of one count of first-degree kidnapping, two
counts of lewdness with a minor under the age of 14, one count of attempt sexual assault
with a minor under the age of 14, one count of sexual assault with a minor under the age
of 14, and one count of possession of a firearm by ex-felon. (ECF No. 46-13 (Exh. 224)).
Following direct appeal and state post-conviction proceedings, petitioner filed a petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2254, initiating this action. (ECF No.
4). On March 31, 2014, the Court denied the petition. (ECF No. 86). Petitioner appealed.
On October 6, 2015, the Ninth Circuit Court of Appeals reversed and remanded
with instructions that this Court grant a conditional writ of habeas corpus. (ECF No. 97).
On June 13, 2016, following issuance of mandate, the Court entered an order
conditionally granting the petition for writ of habeas corpus and directing the State to
release petitioner from custody unless it timely filed a notice of election to retry (ECF No.
105; see also ECF Nos. 109 & 112). The Clerk of Court entered judgment in favor of
petitioner and against respondents, conditionally granting the petition for writ of habeas
corpus. (ECF No. 106).
The State thereafter filed its notice of election to retry petitioner. On August 4,
2017, respondents notified the Court that following a new trial petitioner had again been
found guilty of one count of first-degree kidnapping, two counts of lewdness with a minor
under the age of 14, one count of attempt sexual assault with a minor under the age of
14, and one count of sexual assault with a minor under the age of 14. (ECF Nos. 114 &
115). On October 6, 2017, respondents filed a supplement to the notice, indicating that
petitioner had been sentenced following his retrial and judgment of conviction had been
entered. (ECF No. 116).
As petitioner has been retried on the charges that were the subject of this case,
the conditional writ granted on June 13, 2016, has therefore been satisfied.
DATED this 10th day of April, 2018.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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