Smith v. Trammell

Filing 66

ORDER re 63 Order on Motion to Clarify, 59 Order, 56 USCA Opinion, The parties are ordered to file a Joint Status Report within fourteen (14) days of the date of this Order notifying the Court as to the status of Petitioners resentencing. Signed by Honorable David L. Russell on 11/3/20. (jw)

Case 5:14-cv-00579-R Document 66 Filed 11/03/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RODERICK L. SMITH,
Petitioner,
v.
TOMMY SHARP, Warden,
Oklahoma State Penitentiary,
Respondent.

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Case No. CIV-14-579-R

ORDER
On August 26, 2019, the Tenth Circuit remanded this case to this Court with
instructions to grant a conditional writ vacating Petitioner’s death sentence and remanding
to the State for a new penalty-phase proceeding. Smith v. Sharp, 935 F.3d 1064 (10th Cir.
2019). In accordance with the decision of the Tenth Circuit, this Court entered an order on
December 18, 2019 vacating Petitioner’s death sentence and directing the State of
Oklahoma to hold a new sentencing proceeding. [Doc. Nos. 59, 63].
The parties are now ordered to file a Joint Status Report within fourteen (14) days
of the date of this Order notifying the Court as to the status of Petitioner’s resentencing.
IT IS SO ORDERED this 3rd day of November 2020.