THOMPSON v. ROY, 13-cv-1524 (PJS/HB). (2016)
Court: District Court, D. Minnesota
Number: infdco20161215c13
Visitors: 16
Filed: Dec. 14, 2016
Latest Update: Dec. 14, 2016
Summary: ORDER PATRICK J. SCHILTZ , District Judge . This matter comes before the Court on the Report and Recommendation ("R&R") dated November 23, 2016, of United States Magistrate Judge Hildy Bowbeer. Pursuant to 28 U.S.C. 636(b)(1), the Court has conducted a de novo review of the record and will adopt the R&R in its entirety. Accordingly, Stafon Edward Thompson's Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus [Doc. No. 1] is GRANTED IN PART and DENIED IN PART as follows: 1.
Summary: ORDER PATRICK J. SCHILTZ , District Judge . This matter comes before the Court on the Report and Recommendation ("R&R") dated November 23, 2016, of United States Magistrate Judge Hildy Bowbeer. Pursuant to 28 U.S.C. 636(b)(1), the Court has conducted a de novo review of the record and will adopt the R&R in its entirety. Accordingly, Stafon Edward Thompson's Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus [Doc. No. 1] is GRANTED IN PART and DENIED IN PART as follows: 1. T..
More
ORDER
PATRICK J. SCHILTZ, District Judge.
This matter comes before the Court on the Report and Recommendation ("R&R") dated November 23, 2016, of United States Magistrate Judge Hildy Bowbeer. Pursuant to 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of the record and will adopt the R&R in its entirety. Accordingly, Stafon Edward Thompson's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus [Doc. No. 1] is GRANTED IN PART and DENIED IN PART as follows:
1. The "without possibility of release" provision of Petitioner's life sentences are VACATED in accordance with Miller v. Alabama, 132 S.Ct. 2455, 2460 (2012), and Montgomery v. Louisiana, 136 S.Ct. 718, 725 (2016);
2. Petitioner's case is REMANDED to the Hennepin County District Court for resentencing; and
3. The petition is denied in all other respects.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Source: Leagle
