Filed: Nov. 06, 2018
Latest Update: Nov. 06, 2018
Summary: ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 6 th day of November, 2018, upon consideration of the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254, ECF No. 1; the Response to Petition for Writ of Habeas Corpus, ECF No. 35; Petitioner's Reply Memorandum in Support of Petition for a Writ of Habeas Corpus, ECF No. 51; Sur-Reply to Petitioner's Reply Brief, ECF No. 55; Petition and Memorandum of Law of Petitioner's Jerome Marshall, in Support of His Petition
Summary: ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 6 th day of November, 2018, upon consideration of the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254, ECF No. 1; the Response to Petition for Writ of Habeas Corpus, ECF No. 35; Petitioner's Reply Memorandum in Support of Petition for a Writ of Habeas Corpus, ECF No. 51; Sur-Reply to Petitioner's Reply Brief, ECF No. 55; Petition and Memorandum of Law of Petitioner's Jerome Marshall, in Support of His Petition ..
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ORDER
JOSEPH F. LEESON, JR., District Judge.
AND NOW, this 6th day of November, 2018, upon consideration of the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No. 1; the Response to Petition for Writ of Habeas Corpus, ECF No. 35; Petitioner's Reply Memorandum in Support of Petition for a Writ of Habeas Corpus, ECF No. 51; Sur-Reply to Petitioner's Reply Brief, ECF No. 55; Petition and Memorandum of Law of Petitioner's Jerome Marshall, in Support of His Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No. 145; the Supplemental Response to Petition for Writ of Habeas Corpus, ECF No. 158; Respondents' Status Report of June 6, 2018, ECF No. 171; and the Respondents' Status Report of June 25, 2018, ECF No. 172, and for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:
1. The Petition for Writ of Habeas Corpus is GRANTED IN PART and DENIED IN PART.
2. Petitioner's two death sentences are VACATED.
3. The execution of the writ of habeas corpus is STAYED for 180 days from the date of this Order to permit the Commonwealth of Pennsylvania to grant petitioner a new sentencing hearing.
4. In all other respects, the Petition for Writ of Habeas Corpus is DENIED.
5. There is no basis for the issuance of a certificate of appealability.
6. The Clerk of Court shall CLOSE this case for statistical purposes.
