Lee v. Clarke

Filing 18

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 4/13/15. (sbea, )

I
IN THE UNITED STATES DISTRICT COURT

MV I 3 2015

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLERK, U.S. DISTRICT COURT
RICHMONO. VA

MARK E. LEE,

Petitioner,
Civil Action No. 3:13CV251-HEH

V.

HAROLD W. CLARKE,

Respondent.
MEMORANDUM OPINION

(Conditionally Granting Petition For A Writ Of Habeas Corpus)
Mark E. Lee, a Virginia prisoner proceeding with counsel, submitted this petition

for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction in
the Circuit Court for the City of Richmond ("Circuit Court") for second degree murder.
By Memorandum Opinion and Order entered on October 28, 2013, the Court denied
Lee's § 2254 Petition. See Lee v. Clarke, No. 3:13CV251-HEH, 2013 WL 5797857, at
*7(E.D. Va. Oct. 28, 2013).

Lee appealed. On March 20, 2015, the United Slates Court of Appeals for the
Fourth Circuit reversed the decision of this Court and "remanded [the action] with
instructions to issue Lee a writ of habeas corpus unless the Commonwealth of Virginia
endeavors to prosecute him in a new trial within ninety days." Lee v. Clarke,
... F.3d ---, No. 13-7914, 2015 WL 1275344, at *13 (4th Cir. Mar. 20, 2015). The

Fourth Circuit issued its mandate on April 13, 2015. Accordingly, the writ of habeas

corpus will issue "unless the Commonwealth of Virginia endeavors to prosecute [Lee] in
a new trial within ninety days." Id.
An appropriate Order will accompany this Memorandum Opinion.

/s/

Henry E. Hudson
United States District Judge

.
Date:

l3SOir

Richmond, Virginia