habeas corpus winner

Nara v. Frank, No. 05-4779
Plain error review is appropriate where a party fails to timely object to a magistrate judge's report and recommendation (R&R) in habeas corpus cases. Grant of a petition for habeas relief in a murder case is affirmed where: 1) plain error review applied; 2) petitioner properly exhausted his incompetency claim; 3) the district court correctly found that the commonwealth failed to show petitioner defaulted his claim; and 4) there was no plain error in a finding that petitioner was incompetent when he pleaded guilty to murdering his wife and mother-in-law.