JUDGMENT ISSUED.

Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Lafler v. Cooper, 566 U. S. ___ (2012). (orders list)

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

DISTRIBUTED for Conference of March 23, 2012.

DISTRIBUTED for Conference of October 14, 2011.

Motion for leave to proceed in forma pauperis filed by respondent William R. Kerr.

Brief of respondent William R. Kerr in opposition filed.

Order extending time to file response to petition to and including September 14, 2011.

Response Requested . (Due September 7, 2011)

DISTRIBUTED for Conference of September 26, 2011.

Waiver of right of respondent William R. Kerr to respond filed.

Petition for a writ of certiorari filed. (Response due July 27, 2011)

Michael S. Thurmer, Warden, Petitioner, represented by Jeffrey J. Kassel

William R. Kerr, Respondent, represented by Craig W. Albee