Opinion
CASE NUMBER: 3:09-CV-0188-RCJ-WGC
09-28-2012
RICKY NOLAN, Petitioner, v. JACK PALMER, et al., Respondents.
JUDGMENT IN A CIVIL CASE
_ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. _ Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. × Decision by Court. This action came to be considered before the Court. The issues have been considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that the amended petition for a writ of habeas corpus (ECF No. 14) is DENIED IN ITS ENTIRETY.
IT IS FURTHER ORDERED that petitioner is GRANTED A CERTIFICATE OF APPEALABILITY on the following issues:
(1) Whether the trial court's admission of Weishaar's posthypnotic testimony was constitutional error;
(2) If the trial court's admission of Weishaar's posthypnotic testimony was constitutional error, whether the error was harmless; and
(3) Whether petitioner's convictions for sexual assault and first-degree kidnapping from the Weishaar Trial are supported by sufficient evidence.
LANCE S. WILSON
Clerk
Jennifer Cotter
Deputy Clerk