Rode v. Lockhart

ORDER

HENRY WOODS, District Judge.

This Court has reviewed the findings and recommendations made by the Magistrate after conducting a hearing in this matter and concludes that they should be, and they are hereby, approved and adopted as this Court’s findings in all respects. Judgment will be entered directing that the writ of habeas corpus issue within 120 days of today’s date unless the State undertakes to retry the petitioner within that period of time.

FINDINGS OF FACT AND RECOMMENDATION

H. DAVID YOUNG, United States Magistrate.

Petitioner was convicted of the first-degree murder of his wife…