Cave v. Singletary

I

The threshold question in this ease is whether the State did, in fact, resentence Cave within the 90 day time frame specified by the habeas order so as to avoid the conditional mandate of a life sentence. In denying Cave’s petition, the district court found that the state court “timely commenced the re-sentencing proceedings on October 22,1992,” setting a trial date of November 30, 1992, “[ujpon agreement of the parties.” It is unclear whether the district court believed that the October 22 scheduling conference was in itself sufficient to comply with the terms of the habeas order or that…