RAMCHAIR v. Conway

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

This Memorandum and Order resolves the effect of the State’s failure to comply with the conditional writ of habeas corpus. For the reasons stated below, I conclude that the State’s inaction converts the conditional writ to an unconditional writ, and that the State is precluded from retrying Ramchair.

I first granted Ramchair’s petition for a writ of habeas corpus on April 4, 2008. Ramchair v. Conway, 671 F.Supp.2d 365 (E.D.N.Y.2008). In accordance with my order, the Clerk of Court entered judgment ordering respondent to release Ram-chair within…