ALLEN v. BUSS, No. 1:2001cv01658 - Document 93 (S.D. Ind. 2012)

Court Description: CLOSED JUDGMENT - In conformity with the Entry issued this date, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Allen's petition for writ of habeas corpus is granted to the following extent: Allen's sentence of death is vacated in Sta te of Indiana v. Howard Allen, Marion Superior Court Cause No. CR87-194C, this writ of habeas corpus is issued, and the State of Indiana shall resentence Allen to an available sentence under Indiana law, excluding death, within 180 days from the i ssuance of this Final Judgment. Court costs are taxed against the Respondent. Petitioner shall recover court costs not already authorized and has 21 days to seek recovery of such costs. All relief not expressly granted is denied. This is a final judgment. Signed by Judge John Daniel Tinder on 7/3/2012.(MAC)