No. 18-8047

Randy L. Pope v. Steve Franke

Lower Court: Ninth Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conviction-nullification convictions criminal-procedure disposition due-process federal-courts habeas-corpus judicial-discretion nullification re-sentencing relief-standard sentencing state-law
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (from Petition)

WHEN THE STATE CONCEDES IN HABEAS CORPUS PROCEEDINGS AND
ASKS THE COURT TO VACATE SOME OF THE CONVICTIONSCHALLENGED, WHETHER THE DISTRICT COURT MUST GRANT RELIEF BYADHERING TO THE RELIEF DICTATED BY STATE LAW - REQUIRINGREMAND FOR RE-SENTENCING AFTER CONVICTIONS ARE NULLIFIED- TO
PUT THE PETITIONER IN THE POSITION HE WOULD HAVE OTHERWISEBEEN AND TO DISPOSE OF THE MA TTER AS LAW AND JUSTICE REQUIRE.

Question Presented (AI Summary)

Whether the district court must grant relief by adhering to the relief dictated by state law when the state concedes in habeas corpus proceedings and asks the court to vacate some of the convictions challenged

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent Steve Franke to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Randy L. Pope
Tonia L. MoroTonia L. Moro, Attorney at Law P.C., Petitioner
Steve Franke
Benjamin Noah GutmanOregon Department of Justice, Respondent