Honeycutt v. Donat et al, No. 2:2006cv00634 - Document 69 (D. Nev. 2014)

Court Description: ORDER that the petition for a writ of habeas corpus is conditionally GRANTED. Petitioner Todd Michael Honeycutt shall be released from custody within 30 days unless respondents within that time file in this matter a written notice of election to retry petitioner and the State thereafter commences jury selection in a retrial within 120 days following the filing of the notice of election to retry petitioner. The Clerk of Court shall enter final judgment accordingly in favor of petitioner and against respondents, conditionally granting the petition for a writ of habeas corpus. Signed by Judge Roger L. Hunt on 4/14/2014. (Copies have been distributed pursuant to the NEF - cc: 8th Judicial District Court - SLD)
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Honeycutt v. Donat et al Doc. 69 1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 TODD M. HONEYCUTT, 10 Petitioner, 2:06-cv-00634-RLH-GWF 11 vs. ORDER 12 13 14 BILL DONAT, et al., Respondents. 15 16 This habeas matter comes before the Court following upon the August 1, 2013, 17 memorandum opinion of the Court of Appeals and the April 7, 2014, denial of certiorari review 18 by the Supreme Court. Following upon the decision of the Court of Appeals, a conditional 19 grant of a writ of habeas corpus is warranted. 20 IT THEREFORE IS ORDERED that the petition for a writ of habeas corpus is 21 conditionally GRANTED such that the state court judgment of conviction filed on December 22 8, 1999, in Nos. C151952 and C156839 in the Eighth Judicial District Court, State of Nevada, 23 hereby is VACATED and that petitioner Todd Michael Honeycutt, Inmate No. 63545, shall be 24 released from custody within thirty (30) days unless respondents within that time file in this 25 matter a written notice of election to retry petitioner and the State thereafter commences jury 26 selection in a retrial within one hundred twenty (120) days following the filing of the notice of 27 election to retry petitioner, subject to request for reasonable modification of the time periods 28 in the judgment by petitioner and/or respondents pursuant to Rules 59 or 60. Dockets.Justia.com 1 The Clerk of Court shall enter final judgment accordingly in favor of petitioner and 2 against respondents, conditionally granting the petition for a writ of habeas corpus as 3 provided above. 4 5 6 The Clerk further shall SEND a copy of this order and the judgment to the Clerk of the Eighth Judicial District Court, in connection with that court's Nos. C151952 and C156839. DATED: April 14, 2014 7 8 9 _________________________________ ROGER L. HUNT United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-