MEMORANDUM AND JUDGMENT

JOHN HEYBURN, Chief Judge, District

The above matter was referred to United States Magistrate Judge James D. Moyer who filed comprehensive Findings of Fact, Conclusions of Law and Recommendation. He recommended that Petitioner's petition for writ of habeas corpus be conditionally granted. Respondent has filed well-argued objections.

The facts of this case are already well stated. The issue of how courts may admit the confession of a co-defendant that also implicates the defendant is among the most difficult one can face. The state trial court made certain difficult decisions. The Supreme Court of Kentucky was able to review the issues with less time constraints and concluded that the sufficient particularized guarantees of trustworthiness existed to support use of the co-conspirators's confession.

This Court has carefully reviewed the Magistrate's decision and the objections to it. In a most difficult area of the law, the Court finds that the Magistrate has thoroughly described the development of Supreme Court doctrine to date and has carefully and correctly applied that doctrine to this case. The Court intends no disrespect to the fine memoranda by both sides by concluding that it finds no need to add or detract from the Magistrate's analysis. The Court accepts the Findings of Fact, Conclusions of Law and Recommendation of the Magistrate Judge, and being otherwise sufficiently advised.

IT IS HEREBY ORDERED that Ms. Gabow's petition for a writ of habeas corpus be GRANTED. The Commonwealth of Kentucky shall release Cheryl Gabow from custody, unless she is retried in accordance with Supreme Court precedent within one hundred eighty days.

IT IS FURTHER ORDERED that Respondent's motion to dismiss or, in the alternative, for summary judgment (Docket No. 7) is DENIED AS MOOT.

This is a final judgment and there is no just cause for delay.