Kimble v. Cain, No. 3:2007cv00396 - Document 27 (M.D. La. 2010)

Court Description: OPINION Adopting 26 Report and Recommendations of the U.S. Magistrate Judge. The petitioner's application for habeas corpus relief shall be GRANTED because of the violation of the petitioner's Sixth Amendment right to confront the witnesses against him, and that the State be required to re-try the petitioner within 120 days or release him from confinement. Signed by Judge Frank J. Polozola on 7/20/10. (BP, )

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Kimble v. Cain Doc. 27 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA COURTNEY KIMBLE CIVIL ACTION VERSUS NUMBER 07-396-FJP-DLD BURL CAIN O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed: IT IS ORDERED that the petitioner s application for habeas corpus relief shall be GRANTED because of the violation of the petitioner s against him, Sixth and Amendment that the right State to be confront required the to witnesses re-try the petitioner within 120 days from the date of this opinion or release him from confinement. Judgment shall be entered accordingly. Baton Rouge, Louisiana, July 20, 2010. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA Doc#46837 Dockets.Justia.com

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