Opinion
CASE NO. C04-1289-MJP.
October 15, 2007
ORDER GRANTING § 2254 PETITION
The Court, having reviewed petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, the supplemental briefs submitted by the parties, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, objections thereto, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's petition for a writ of habeas corpus (Dkt. #4) is GRANTED. Petitioner's conviction in Spokane County Superior Court Case No. 00-1-01469-5 is VACATED; and
(3) The Clerk is directed to send a copy of this Order to all counsel of record and to Judge Theiler.