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  5. Lawrence v. Wetzel, 19-cv-1242. (2019)

Lawrence v. Wetzel, 19-cv-1242. (2019)

Court: District Court, E.D. Pennsylvania Number: infdco20190705c97 Visitors: 4
Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: ORDER LYNNE A. SITARSKI , Magistrate Judge . AND NOW, this 2nd day of July, 2019, upon consideration of the counseled Motion to Amend the Petition for a Writ of Habeas Corpus, (ECF No. 9), and the Commonwealth's Response, (ECF No. 10), IT IS HEREBY ORDERED as follows: 1. Petitioner's Motion to Amend the Petition (ECF No. 9), is GRANTED; 2. Within twenty-one (21) days of the date of this Order, Petitioner, through counsel, shall file a Brief/Memorandum of Law in Support of the Petition;
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ORDER

AND NOW, this 2nd day of July, 2019, upon consideration of the counseled Motion to Amend the Petition for a Writ of Habeas Corpus, (ECF No. 9), and the Commonwealth's Response, (ECF No. 10), IT IS HEREBY ORDERED as follows:

1. Petitioner's Motion to Amend the Petition (ECF No. 9), is GRANTED; 2. Within twenty-one (21) days of the date of this Order, Petitioner, through counsel, shall file a Brief/Memorandum of Law in Support of the Petition;1 3. Within twenty-one (21) days of the filing of Petitioner's Counseled Brief/Memorandum of Law, the Commonwealth shall file its Supplemental Response, addressing the issues raised therein;2 4. Petitioner thereafter shall have fourteen (14) days to file a Reply, through counsel, should he so choose.

FootNotes


1. In Petitioner's Counseled Motion to Amend, he raises two new claims of Due Process violations in addition to his claims of ineffectiveness of trial counsel. (Mot. Amend, ECF No. 9, at 3-4, 6; see also Hab. Pet., ECF No. 1, at ¶ 12). Upon the Court's view, Petitioner's newly-raised Due Process claims may not have been properly presented and exhausted in the Pennsylvania state courts. O'Sullivan v. Boerkel, 526 U.S. 838, 845 (1999). Accordingly, Petitioner's Counseled Brief/Memorandum of Law shall substantively address all issues presented in the Petition, as amended. The Counseled Brief/Memorandum shall address the merits of the ineffectiveness claims, and the merits of the newly-added Due Process claims. Petitioner's counsel is further instructed to address whether Petitioner's Due Process claims were properly exhausted in state court. See Boyd v. Waymart, 579 F.3d 330, 367 (3d Cir. 2009) ("The habeas petition carries the burden of providing exhaustion of all available state remedies.") (internal quotations and citation omitted).
2. In its Response to Petitioner's Counseled Motion to Amend, the Commonwealth argued "Petitioner's amended habeas petition merely reiterates the arguments made in his previously filed pro se habeas petition." (Resp., ECF No. 10, at 1). I disagree, as the Motion to Amend raised two new Due Process claims in addition to his ineffective assistance of counsel claims raised in his pro se Petition. (Compare Mot. Amend, ECF No. 9, at 3-4, 6, with Hab. Pet., ECF No. 1, at ¶ 12). Accordingly, in its Supplemental Response to be filed within twenty-one days of Petitioner's Counseled Brief/Memorandum of Law, the Commonwealth shall substantively address all issues raised in the Petition, as amended. The Commonwealth shall specifically address the merits of the ineffectiveness claims and the merits of the newly-added Due Process claims. The Commonwealth shall also specifically address whether Petitioner's newly-raised Due Process claims were properly presented and exhausted in the Pennsylvania state courts.
Source:  Leagle
Lawyers who claimed
No Lawyers
Citations
19-cv-1242.
Counsels
  • GEORGE HENRY NEWMAN
  • WILLIAM R. TOAL, III
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