United States Sixth Circuit

Grant of a motion to enforce a judgment, which converted a conditional grant of habeas relief into an absolute grant and voided petitioner's conviction for driving under the influence and manslaughter, is affirmed where: 1) the motion was not untimely; 2) the district court retained jurisdiction to hear the matter; 3) petitioner's challenge was not mooted simply by the fact of her prior release; 4) petitioner was not required to exhaust anew, in state courts, her challenge to the collateral consequences of her unconstitutional conviction; and 5) the district court did not abuse its discretion in the nullification.

Appellate Information

• Decided 07/31/2006
• Published 07/31/2006

Judges

• Before:  BOGGS, Chief Judge;  and GIBBONS and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Robert Long, Jr., Office of the Attorney General, Frankfort, Kentucky, for Appellant.  Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellee.   ON BRIEF:  William Robert Long, Jr., Office of the Attorney General, Frankfort, Kentucky, for Appellant.  Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellee.