Bauberger v. Haynes

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

On October 27, 2009, this court entered a Judgment implementing its Memorandum Opinion and Order (“Judgment”) adopting the Recommendation of the United States Magistrate Judge to grant the habeas petition of William Thomas Bauberger (“Bauberger”) and to require his release unless Respondent (the “State”) grants a retrial on the second-degree murder charge within a reasonable time. The State has appealed the Judgment and moved this court to stay, pending appeal, that portion directing the State to release or timely retry…