Lankford v. Arave

Full title: MARK HENRY LANKFORD, Petitioner, v. A.J. ARAVE, Warden, Respondent

Court: United States District Court, D. Idaho

Date published: Oct 9, 2007

Case No. CV-92-0321-S-WFN, CAPITAL CASE (D. Idaho Oct. 9, 2007)

Opinion

Case No. CV-92-0321-S-WFN, CAPITAL CASE.

October 9, 2007

ORDER

WM. NIELSEN, Senior District Judge

Before the Court is the parties's Stipulation Re Order on Issuance of Mandate. (Docket No. 209.) Good cause appearing, the Stipulation shall be GRANTED, as follows.

The Ninth Circuit Court of Appeals having reversed this Court's denial of the petition for writ of habeas corpus, and the Respondent's Petition for Writ of Certiorari having been denied on October 1, 2007, IT IS HEREBY ORDERED that the petition for writ of habeas corpus is granted and that the State shall either release Mark Lankford or retry Mark Lankford by commencing trial within 120 days of the date of this order.

IT IS FURTHER ORDERED that the State shall calendar an initial appearance for Mark Lankford before the District Court, State of Idaho, Second Judicial District, Idaho County within ten days of this order.