Alcorn v. Smith

WILHOIT, District Judge.

The Court is in receipt of the Report and Recommendation of the United States Magistrate, Joseph M. Hood, to whom this matter was referred pursuant to 28 U.S.C. 636(b)(1)(A), (B), and (C). Magistrate Hood was of the opinion that (1) the writ of habeas corpus should issue; (2) Mr. Al-corn’s conviction as a persistent felony offender should be set aside; and (3) he should be resentenced on the principal offense of first-degree sodomy and third-degree assault.

In light of the checkered career this action has seen, it is not surprising that both the petitioner and the…