Filed: Aug. 29, 2018
Latest Update: Aug. 29, 2018
Summary: ORDER STEVEN P. LOGAN , District Judge . On July 10, 2015, Petitioner Michael Ray White's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 273) was denied (Doc. 286). Petitioner appealed, and the Ninth Circuit Court of Appeals reversed and remanded, instructing this Court "to grant a conditional writ with respect to White's sentence unless the State, within a reasonable period, either holds a new sentencing hearing or vacates White's sentence and imposes a lesse
Summary: ORDER STEVEN P. LOGAN , District Judge . On July 10, 2015, Petitioner Michael Ray White's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 273) was denied (Doc. 286). Petitioner appealed, and the Ninth Circuit Court of Appeals reversed and remanded, instructing this Court "to grant a conditional writ with respect to White's sentence unless the State, within a reasonable period, either holds a new sentencing hearing or vacates White's sentence and imposes a lesser..
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ORDER
STEVEN P. LOGAN, District Judge.
On July 10, 2015, Petitioner Michael Ray White's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 273) was denied (Doc. 286). Petitioner appealed, and the Ninth Circuit Court of Appeals reversed and remanded, instructing this Court "to grant a conditional writ with respect to White's sentence unless the State, within a reasonable period, either holds a new sentencing hearing or vacates White's sentence and imposes a lesser sentence in accordance with state and federal law." White v. Ryan, 895 F.3d 641, 673 (9th Cir. 2018). The mandate issued on August 27, 2018 (Doc. 295). Accordingly,
IT IS ORDERED that Petitioner's Amended Writ of Habeas Corpus is granted unless the State of Arizona, within 120 days from the entry of this Judgment, either holds a new sentencing hearing or vacates Petitioner's sentence and imposes a lesser sentence in accordance with state and federal law.
IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly.
IT IS FURTHER ORDERED that the Clerk of Court forward a courtesy copy of this Order to Janet Johnson, Clerk of the Arizona Supreme Court, 1501 W. Washington Street, Phoenix, Arizona 85007-3329.
