Opinion
16-cv-11331
08-07-2024
BARBARA JEAN MERCER, Petitioner, v. ANTHONY STEWART, Warden, Respondent.
JUDGMENT
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
In accordance with the Opinion and Order entered on April 25, 2022, and with the Opinion and Order entered on August 7, 2024, IT IS HEREBY ADJUDGED that Respondent shall not hold Petitioner Barbara Mercer in custody pursuant to the conviction on Count II (for the second degree murder of Shemel Thomas) as reflected in the Judgment of Sentence entered by the Jackson County Circuit Court against Mercer on August 9, 2012.
IT IS FURTHER ADJUDGED that Respondent shall not consider that conviction in connection with any decision related to the conditions of Mercer's custody, including but not limited to any decision related to (a) parole (and/or parole eligibility) and/or (b) Mercer's custody level and security classification within the Michigan Department of Corrections.
IT IS FURTHER ADJUDGED that in all other respects, Judgment is entered in favor of Respondent and against Mercer.
The Court has previously granted Mercer a Limited Certificate of Appealability to appeal from portions of the two Opinion and Orders referenced above.