Opinion
16-cv-12721
10-28-2022
LAMARR ROBINSON, Petitioner, v. THOMAS WINN, Warden, Respondent.
Scott Shimkus (with consent) Asst. Michigan Attorney General Criminal Trials & Appeals Division Amanda N. Bashi Attorney for Lamarr Robinson Federal Community Defender
Scott Shimkus (with consent) Asst. Michigan Attorney General Criminal Trials & Appeals Division
Amanda N. Bashi Attorney for Lamarr Robinson Federal Community Defender
STIPULATION TO REMAND
Hon. Denise Page Hood. Judge
Petitioner Lamarr Robinson and Respondent Thomas Winn, by and through their undersigned counsel, hereby stipulate and agree to the following:
(1)On May 6, 2022, Petitioner Lamar Robinson filed a motion to reopen the federal habeas case and lift the stay on proceedings. (ECF No. 29.) The following day, he also filed an amended habeas petition (ECF No. 30). His amended habeas petition presented only one issue: that his sentence was unconstitutional in light of Alleyne v. United States, 570 U.S. 99 (2013), and People v. Lockridge, 498 Mich. 358 (2015).
(2) On May 25, 2022, this Court entered an order directing the clerk of court to reopen this case and granted Mr. Robinson's motion to amend his habeas petition. (ECF No. 31.) The Court also ordered the Respondent to file a supplemental answer and Rule 5 materials.
(3) Since that time, the parties have conferred and reached a negotiated resolution of this matter.
(4) The parties agree that Mr. Robinson's sentence was imposed, in part, contrary to the constitutional mandates in Alleyne and Lockridge.
(5) The parties agree that a grant of conditional habeas relief and remand to the Wayne County Circuit Court, pursuant to People v. Lockridge, 498 Mich. at 397, and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), will afford Mr. Robinson relief that remedies the constitutional infirmity of his sentence.
(6) This Court should enter an order conditionally granting Mr. Robinson's amended petition for a writ of habeas corpus, limited to the Alleyne claim, with a specific remedy of a Crosby remand. The Wayne County Circuit Court must further comply with People v. Howard, 323 Mich.App. 239, 253 (2018), due to the case being heard by a successor judge. The State must take action to conduct the Crosby remand within 180 days of this Court's order.
(7) The parties further agree and stipulate that if the State fails to take action as ordered, that this Court shall consider the issuance of an additional writ unconditionally releasing Petitioner from state custody.
SO STIPULATED.
ORDER CONDITIONALLY GRANTING AMENDED PETITION FOR A WRIT OF HABEAS CORPUS AND CLOSING ACTION
Having been advised in the premises and supporting authority, it is ordered:
(1) Petitioner Lamarr Robinson's amended petition for a writ of habeas corpus is CONDITIONALLY GRANTED; and
(2) The State must take action to conduct a Crosby remand pursuant to People v. Lockridge, 498 Mich. 358, 397 (2015), United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), and People v. Howard, 323 Mich.App. 239, 253 (2018), within 180 days of the date of this order; and
(3) If the State fails to conduct such a proceeding, this Court shall consider the issuance of an additional writ unconditionally releasing Petitioner from state custody.
SO ORDERED. THIS ACTION IS DESIGNATED AS CLOSED ON THE COURT'S DOCKET.