Byrd v. Trombley

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND GRANTING PETITIONER’S APPLICATION FOR THE WRIT OF HABEAS CORPUS

MARIANNE O. BATTANI, District Judge.

I. Introduction

Before the Court are Respondent’s Objections to Magistrate Judge Paul J. Ko-mives’ Report and Recommendation (Doc. #40). The Magistrate Judge, ruling on Petitioner’s application for the writ of ha-beas corpus, first rejected Petitioner’s claims that the Antiterrorism and Effective Death Penalty Act (AEDPA) standard of review, 28 U.S.C. § 2254(d), was unconstitutional. The Magistrate Judge then, after…