Scott v. Bock

OPINION AND ORDER DENYING PETITIONER’S MOTION FOR ISSUANCE OF ABSOLUTE WRIT OF HABEAS CORPUS

DAVID M. LAWSON, District Judge.

On January 13, 2003, this Court issued a writ of habeas corpus that ordered the petitioner’s release unless the State of Michigan held a new trial on the charge of first-degree murder within ninety days. The Court issued a stay of its order pending appeal, and after affirmance and issuance of an appellate court mandate, the trial deadline became May 16, 2005. The State failed to honor that deadline, although the petitioner later entered a guilty plea to second-degree…