Nathaniel Daniels v. State of Alabama

The State of Alabama here appeals from an order of the district court granting the habeas corpus petition of Nathaniel Daniels, subject to the right of the State to retry him within six months, unless Alabama provides him with “effective out-of-time appellate consideration of his conviction and sentence”. Daniels is currently serving a twenty-five-year sentence for second degree murder. The district court, adopting the report and recommendation of the United States Magistrate, with the benefit of a transcript of the eviden-tiary hearing before the Magistrate, held that the petitioner was…