Schubert v. Smith, 3:16-2198. (2018)
Court: District Court, M.D. Pennsylvania
Number: infdco20181211c53
Visitors: 12
Filed: Dec. 10, 2018
Latest Update: Dec. 10, 2018
Summary: ORDER MALACHY E. MANNION , District Judge . For the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation of Judge Carlson, (Doc. 11), is ADOPTED. 2. Petitioner Schubert's petition for writ of habeas corpus, (Doc. 1), is CONDITIONALLY GRANTED. 3. Schubert's Cumberland County conviction and April 28, 2014 sentence are VACATED. 4. The Commonwealth is directed to release Schubert from custody unless he is retried in Cumbe
Summary: ORDER MALACHY E. MANNION , District Judge . For the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation of Judge Carlson, (Doc. 11), is ADOPTED. 2. Petitioner Schubert's petition for writ of habeas corpus, (Doc. 1), is CONDITIONALLY GRANTED. 3. Schubert's Cumberland County conviction and April 28, 2014 sentence are VACATED. 4. The Commonwealth is directed to release Schubert from custody unless he is retried in Cumber..
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ORDER
MALACHY E. MANNION, District Judge.
For the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation of Judge Carlson, (Doc. 11), is ADOPTED.
2. Petitioner Schubert's petition for writ of habeas corpus, (Doc. 1), is CONDITIONALLY GRANTED.
3. Schubert's Cumberland County conviction and April 28, 2014 sentence are VACATED.
4. The Commonwealth is directed to release Schubert from custody unless he is retried in Cumberland County Court within 120 days from the date of this Order.
5. The Clerk of Court shall CLOSE this case.
Source: Leagle
