Opinion
C14-1328-RAJ
05-23-2023
MARLOW TODD EGGUM, Petitioner, v. DONALD HOLBROOK, Respondent.
ORDER
RICHARD A. JONES, United States District Judge
Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation;
(2) Petitioner's second amended habeas petition (Dkt. 125) is GRANTED as to SAP Ground 1 and DENIED as to all other claims;
(3) Petitioner's convictions in Counts I and III are VACATED, and the State is ordered to release petitioner unless he is resentenced on the remaining convictions within 30 days;
(4) Petitioner's request for an evidentiary hearing is DENIED;
(5) Petitioner's motion to expand the record (Dkt. 126) is GRANTED for purposes of deciding cause and prejudice;
(6) A certificate of appealability is GRANTED as to SAP Ground 7 and DENIED as to all other claims. See 28 U.S.C. § 2253(c); and
(7) The Clerk is directed to send copies of this Order to the parties and to Judge Theiler.