Opinion
Case No. 1:00-cv-682.
March 1, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION AND SUPPLEMENT AND GRANTING WRIT OF HABEAS CORPUS
This matter is before the Court on the Magistrate Judge's Report and Recommendation and Supplement on Petitioner's bifurcated Nineteenth Claim for Relief (docs. ##s 107, 110) ("Reports"); Respondent's Objections (docs. ##s 108, 111); and Petitioner's Responses (docs. ##s 109, 112). Upon review of the Magistrate's well-reasoned Reports, the parties' papers, and relevant authority, the Court ADOPTS the Magistrate's Reports (docs. ##s 107, 110) in their entirety.
The Court accordingly GRANTS Petitioner's Third Amended Petition for Writ of Habeas Corpus (doc. # 93) as to Petitioner's bifurcated Nineteenth Claim for Relief and ISSUES a writ of habeas corpus ad subjiciendum requiring the State of Ohio to vacate Petitioner's unconstitutional sentence of death and re-sentence him, in accordance with Ohio law, to some other sentence. This writ pertains exclusively to Petitioner's death sentence on his aggravated murder charge, and does not reach Petitioner's underlying aggravated murder conviction or his other convictions or sentences.
IT IS SO ORDERED.