Lee v. Tennis et al
| Han Tak Lee |
| Franklin J. Tennis, Monroe County District Attorney and PA Attorney General |
| 4:2008cv01972 |
| October 29, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Centre |
| DB |
| Malcolm Muir |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
128
MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable William J. Nealon on 1/19/17. (ao)
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Filing
123
ORDER : IT IS HEREBY ORDERED THAT the Report andRecommendation, (Doc. 119), is ADOPTED IN PART and REJECTED IN PART asfollows:1. The recommendation that Petitioners motion to enforce thejudgment on remand be denied as to the unconditional grantingof the writ and releasing Petitioner from bond, (Doc. 119), isREJECTED.2. Petitioners objections to the recommendation that Petitionersmotion to enforce the judgment on remand be denied as to theunconditional granting of the writ and releasing Petitione rfrom bond, (Docs. 120, 121), are SUSTAINED.3. Petitioners motion to enforce the judgment on remand, as tothe unconditional granting of the writ and releasing Petitionerfrom bond, (Doc. 115), is GRANTED.4. The recommendation that Petitioners request, in his motion toenforce judgment on remand, to bar the Commonwealth fromany future prosecution of any charges related to the 1989 fire,resulting in the death of his daughter be denied, (Doc. 119), isADOPTED.5. Petitioners objections to the recommend ation that Petitionersrequest, in his motion to enforce judgment on remand, to barthe Commonwealth from any future prosecution of any chargesrelated to the 1989 fire, resulting in the death of his daughterbe denied, (Docs. 120, 121), are OVERRULED.6. Petitioners request, in his motion to enforce judgment onremand, to bar the Commonwealth from any future prosecutionof any charges related to the 1989 fire, resulting in the death ofhis daughter, (Doc. 115), is DENIED.7. The petition for writ of hab eas corpus, (Doc. 1), isUNCONDITIONALLY GRANTED.8. Magistrate Judge Carlsons August 22, 2014 Order settingPetitioners conditions of release, (Doc. 101), and Petitionersunsecured appearance bond in the amount of $50,000, (Doc.103), is VACATED and Petitioner is RELEASED from allobligations and restrictions of bond imposed by this Court.Signed by Honorable William J. Nealon on 1/5/2015. (rm)
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Filing
112
ORDER (memorandum filed previously as separate docket entry); ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Motions terminated: 107 MOTION for Order Issuing Indicative Ruling under FRCP 62.1 that Writ Has Become Absolute filed by Han Tak Lee.; ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; ; denying 107 Motion for Order; adopting 109 Report and Recommendations.Signed by Honorable William J. Nealon on 3/5/2015. (bg)
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Filing
104
MEMORANDUM re: Bail Conditions. Signed by Magistrate Judge Martin C. Carlson on August 22, 2014. (kjn)
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Filing
93
ORDER ADOPTING REPORT AND RECOMMENDATIONS 1) The Report and Recommendation 80 is adopted; 2) Respondents objections 82 are overruled 3) Petitioner's objections are overruled 4) The petition for writ of habeas corpus is conditionally granted. 5) Petitioner's state conviction and sentence is vacated. 6) The matter is remanded to the Court of Common Pleas of Monroe County 7) Within 120 days, the Commonwealth of PA shall either retry Han Tak Lee or release him 8) There is no basis for the issuance of a certificate of appealability and 9) The Clerk of Court is directed to close this case. Signed by Honorable William J. Nealon on 8/8/14. (ts)
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Filing
38
MEMORANDUM (Order to follow). Signed by Honorable William J. Nealon on 7/16/2012. (bg, )
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Filing
18
MEMORANDUM AND ORDER :The writ of habeas corpus is denied. The Clerk of Court is directed to close this case. There is no basis for the issuance of a certificate of appealability. Signed by Honorable Malcolm Muir on 9/22/10. (bw, )
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