Lee v. Tennis et al
Filing 93
ORDER ADOPTING REPORT AND RECOMMENDATIONS 1) The Report and Recommendation 80 is adopted; 2) Respondents objections 82 are overruled 3) Petitioner's objections are overruled 4) The petition for writ of habeas corpus is conditionally granted. 5) Petitioner's state conviction and sentence is vacated. 6) The matter is remanded to the Court of Common Pleas of Monroe County 7) Within 120 days, the Commonwealth of PA shall either retry Han Tak Lee or release him 8) There is no basis for the issuance of a certificate of appealability and 9) The Clerk of Court is directed to close this case. Signed by Honorable William J. Nealon on 8/8/14. (ts)
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