Filed: Jul. 10, 2019
Latest Update: Jul. 10, 2019
Summary: ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 10 th day of July, 2019, upon consideration of the Petition for Writ of Habeas Corpus, ECF No. 1; Petitioner's Memorandum of Law, ECF No. 5; the Response in Opposition, ECF No. 11; Petitioner's Reply, ECF No. 16; the Report and Recommendation, ECF No. 17; and Petitioner's Objections, ECF No. 22, and for the reasons expressed in the Opinion issued this date, IT IS ORDERED THAT : 1. The Report and Recommendation is APPROVED AN
Summary: ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 10 th day of July, 2019, upon consideration of the Petition for Writ of Habeas Corpus, ECF No. 1; Petitioner's Memorandum of Law, ECF No. 5; the Response in Opposition, ECF No. 11; Petitioner's Reply, ECF No. 16; the Report and Recommendation, ECF No. 17; and Petitioner's Objections, ECF No. 22, and for the reasons expressed in the Opinion issued this date, IT IS ORDERED THAT : 1. The Report and Recommendation is APPROVED AND..
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ORDER
JOSEPH F. LEESON, JR., District Judge.
AND NOW, this 10th day of July, 2019, upon consideration of the Petition for Writ of Habeas Corpus, ECF No. 1; Petitioner's Memorandum of Law, ECF No. 5; the Response in Opposition, ECF No. 11; Petitioner's Reply, ECF No. 16; the Report and Recommendation, ECF No. 17; and Petitioner's Objections, ECF No. 22, and for the reasons expressed in the Opinion issued this date, IT IS ORDERED THAT:
1. The Report and Recommendation is APPROVED AND ADOPTED IN PART and REJECTED IN PART.
2. Petitioner's Objections are SUSTAINED IN PART.
3. The petition for a writ of habeas corpus is CONDITIONALLY GRANTED.
4. Petitioner's state convictions and sentence are VACATED.
5. The matter is REMANDED to the Court of Common Pleas of Philadelphia County.
6. Within one hundred twenty (120) days of the date of this Order, the Commonwealth of Pennsylvania SHALL either retry Petitioner or release her.
7. The Clerk of Court shall CLOSE this case.