Lee v. Tennis et al

Filing 123

ORDER : IT IS HEREBY ORDERED THAT the Report andRecommendation, (Doc. 119), is ADOPTED IN PART and REJECTED IN PART asfollows:1. The recommendation that Petitioners motion to enforce thejudgment on remand be denied as to the unconditional grantingof the writ and releasing Petitioner from bond, (Doc. 119), isREJECTED.2. Petitioners objections to the recommendation that Petitionersmotion to enforce the judgment on remand be denied as to theunconditional granting of the writ and releasing Petitione rfrom bond, (Docs. 120, 121), are SUSTAINED.3. Petitioners motion to enforce the judgment on remand, as tothe unconditional granting of the writ and releasing Petitionerfrom bond, (Doc. 115), is GRANTED.4. The recommendation that Petitioners request, in his motion toenforce judgment on remand, to bar the Commonwealth fromany future prosecution of any charges related to the 1989 fire,resulting in the death of his daughter be denied, (Doc. 119), isADOPTED.5. Petitioners objections to the recommend ation that Petitionersrequest, in his motion to enforce judgment on remand, to barthe Commonwealth from any future prosecution of any chargesrelated to the 1989 fire, resulting in the death of his daughterbe denied, (Docs. 120, 121), are OVERRULED.6. Petitioners request, in his motion to enforce judgment onremand, to bar the Commonwealth from any future prosecutionof any charges related to the 1989 fire, resulting in the death ofhis daughter, (Doc. 115), is DENIED.7. The petition for writ of hab eas corpus, (Doc. 1), isUNCONDITIONALLY GRANTED.8. Magistrate Judge Carlsons August 22, 2014 Order settingPetitioners conditions of release, (Doc. 101), and Petitionersunsecured appearance bond in the amount of $50,000, (Doc.103), is VACATED and Petitioner is RELEASED from allobligations and restrictions of bond imposed by this Court.Signed by Honorable William J. Nealon on 1/5/2015. (rm)