Blankenfeld v. Clarke

MEMORANDUM ON REPORT AND RECOMMENDATION

URBOM, District Judge.

The magistrate’s report and recommendation on this petition for writ of habeas corpus is that the writ of habeas corpus be granted, unless the petitioner is given a new trial within a reasonable time. The judges involved in the legal entanglements leading to this day have been about equally divided in their views. I find it a fascinating case from an analytical standpoint and, after a review of the thinking of those judges, together with the excellent briefs in support of the varying positions, I conclude that the writ must be…