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Harris v. Allen

United States District Court, M.D. Alabama, Northern Division
Nov 18, 2009
CIVIL ACTION NO. 2:07cv239-MHT (WO) (M.D. Ala. Nov. 18, 2009)

Opinion

CIVIL ACTION NO. 2:07cv239-MHT (WO).

November 18, 2009


ORDER


It is the ORDER of the court that petitioner Louise Harris's motion to dissolve stay of federal habeas proceedings (doc. no. 13) is set for submission, without oral argument, on December 1, 2009, with the parties to file briefs by said date. While the court understands that the State agrees to the motion, the court would like the parties to address several concerns: First, whether the court has the authority to adjudicate a habeas petition without a final judgment and before all essential claims have been exhausted in state court. Second, if the court has such authority, what the implications are. For example, if sentencing-related issues are raised later, after the court's resolution of conviction-related issues, would the later sentencing petition be considered a "successive" petition and subject to such rules? Third, identify any federal cases (trial and appellate), if any, where such partial habeas resolution was allowed. Fourth and finally, any other problems the parties foresee that should be discussed and considered.


Summaries of

Harris v. Allen

United States District Court, M.D. Alabama, Northern Division
Nov 18, 2009
CIVIL ACTION NO. 2:07cv239-MHT (WO) (M.D. Ala. Nov. 18, 2009)
Case details for

Harris v. Allen

Case Details

Full title:LOUISE HARRIS, Petitioner, v. RICHARD ALLEN, Commissioner, Alabama…

Court:United States District Court, M.D. Alabama, Northern Division

Date published: Nov 18, 2009

Citations

CIVIL ACTION NO. 2:07cv239-MHT (WO) (M.D. Ala. Nov. 18, 2009)