Whelchel v. Wood

ORDER GRANTING PETITIONER’S MOTION FOR SUMMARY JUDGMENT AND PETITION FOR WRIT OF HABEAS CORPUS

WHALEY, District Judge.

The issue before the Court is whether Petitioner’s murder conviction was the result of a fair trial. 1 After a full consideration of the parties’ extensive written and oral submissions on the questions addressed in this order, the Court concludes constitutional errors at Petitioner’s trial undermined the legitimacy of his conviction. Thus, Petitioner’s request for a writ of habeas corpus shall be granted, and the State of Washington must either grant Petitioner a new trial or…