From Casetext: Smarter Legal Research

Bostick v. Warden of Broad River Correctional Institution

United States District Court, D. South Carolina
Jan 25, 2010
Civil Action No. 8:07-727-JFA-BHH (D.S.C. Jan. 25, 2010)

Opinion

Civil Action No. 8:07-727-JFA-BHH.

January 25, 2010


ORDER


This matter is on remand from the United States Court of Appeals for the Fourth Circuit. On December 17, 2009, the Fourth Circuit reversed this court's prior decision denying the petition for writ of habeas corpus and remanded this case with instructions to grant Mr. Bostick's writ of habeas corpus and order him released from prison unless the State of South Carolina grants him a direct appeal within a reasonable time. See Bostick v. Stevenson, No. 08-3661 (4th Cir. Dec. 17, 2009).

Accordingly, pursuant to the Fourth Circuit's decision and its mandate filed January 25, 2010, this court orders that the petition for writ of habeas corpus is granted. The State of South Carolina shall grant Mr. Bostick a direct appeal no later than May 1, 2010 or he shall be released from prison pursuant to the Fourth Circuit mandate.

The Clerk is directed to forward a copy of this order to the South Carolina Court of Appeals.

IT IS SO ORDERED.


Summaries of

Bostick v. Warden of Broad River Correctional Institution

United States District Court, D. South Carolina
Jan 25, 2010
Civil Action No. 8:07-727-JFA-BHH (D.S.C. Jan. 25, 2010)
Case details for

Bostick v. Warden of Broad River Correctional Institution

Case Details

Full title:Roger O'Neill Bostick, Petitioner, v. Warden of Broad River Correctional…

Court:United States District Court, D. South Carolina

Date published: Jan 25, 2010

Citations

Civil Action No. 8:07-727-JFA-BHH (D.S.C. Jan. 25, 2010)