The court granted Myers’s motion for conditional release pending the government's appeal of his granted petition for writ of habeas corpus. The court found it was within its authority under Rule 23(d) of the Federal Rules of Appellate Procedure to issue a new order. The court also ruled that respondents made a weak showing of their likelihood of success on the merits and of irreparable harm and that it was not enough to overcome the presumption in favor of release. The medication Myers took for his psoriasis that suppressed his immune system, Methotrexate, increased his risk of complications due to COVID-19, strengthening his argument even further.
Myers v. Superintendent, No. 1:16-cv-02023-JRS-DML, 2020 U.S. Dist. LEXIS 94033 (S.D. Ind. May 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Indiana
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
16-cv-02023-JRS
MORE CASE INFORMATION
Court Name
S.D. Ind.
Decision
Motions Partially Granted
Place of Incarceration
Federal Prison
Name of Facility
Indiana State Prison
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, Fed. R. App. P. 23(d)
Release Conditions
Shall make contact with probation office within 72 hours of release and continue to report; shall not leave his residence except for verified medical appointments or at the direction of the probation office or Court; shall not commit any federal, state, or local crime; shall not unlawfully use or possess a controlled substance; shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon; shall not obtain a passport; shall reside with his mother and shall notify the probation office at least 10 days prior to any change in residence or employment; shall have no contact with the family of the victim; shall not associate with any persons engaged in criminal activity or any person convicted of a felony; shall follow all CDC guidelines regarding social distancing.
Convictions
Murder (conviction vacated)
Case Status
On Appeal
Motions Partially Granted
The motion was "granted to the extent the Court orders his conditional release from the custody of the respondent." The decision does not specify what else the motion requested.
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