ROMERO v. BEARD et al
| EDWIN ROMERO |
| JEFFREY BEARD, LOUIS B. FOLINO and FRANKLIN J. TENNIS |
| 5:2008cv00528 |
| February 1, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Philadelphia |
| PETRESE B. TUCKER |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 dp Petition for Writ of Habeas Corpus (DEATH PENALTY) |
| None |
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Filing
136
MEMORANDUM ORDER THAT THE PETITION IS CONDITIONALLY GRANTED, IN PART, AS TO CLAIMS 8 AND 13 ONLY. THIS CONDITIONAL GRANT APPLIES ONLY TO PETITIONERS CONVICTION AND INCARCERATION FOR FIRST DEGREE MURDER ARISING OUT OF CRIMINAL ACTION NUMBER 1827-1995 IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA. THIS ORDER HAS NO EFFECT ON PETITIONERS INCARCERATION FOR ANY SENTENCE OTHER THAN HIS SENTENCE FOR FIRST DEGREE MURDER. EXECUTION OF THE WRIT IS STAYED FOR 180 DAYS FROM THE DATE OF THIS OR DER TO PERMIT THE COMMONWEALTH TO COMMENCE A NEW TRIAL ON THE FIRST DEGREE MURDER CHARGE. IF PETITIONERS NEW TRIAL DOES NOT COMMENCE WITHIN THE TIME SPECIFIED, THE WRIT SHALL ISSUE, AND THE COMMONWEALTH SHALL VACATE PETITIONERS CONVICTION ON THE FIRS T DEGREE MURDER CHARGE. THE PETITION IS DENIED, IN PART, AS TO ROMEROS REMAINING CLAIMS FOR GUILT PHASE RELIEF. NO CERTIFICATE OF APPEALABILITY IS ISSUED WITH RESPECT TO ANY CLAIM IN THE PETITION OTHER THAN CLAIMS 8 AND 13, ON WHICH THE CONDITIONAL G RANT OF HABEAS RELIEF RESTS, BECAUSE JURISTS OF REASON WOULD NOT DEBATE THE PROCEDURAL OR SUBSTANTIVE DISPOSITIONS OF THOSE CLAIMS. SIGNED BY DISTRICT JUDGE KAREN S. MARSTON ON 5/2/24. 5/3/24 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas)
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Filing
31
ORDER THAT PETITIONER'S MOTION FOR DISCOVERY (DOC. NO. 20) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/31/11. 9/1/11 ENTERED AND COPIES E-MAILED. (jpd)
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