HALL v. BEARD et al
2:2005cv02523 |
June 8, 2005 |
US District Court for the Eastern District of Pennsylvania |
Philadelphia Office |
JAMES KNOLL GARDNER |
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 32 ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT PETITIONER'S DEATH SENTENCE IS VACATED. IT IS FURTHER ORDERED THAT THE EXECUTION OF THE WRIT OF HEBEAS CORPUS IS STAYED FOR 180 D AYS FROM THE DATE OF THIS ORDER TO PERMIT THE COMMONWEALTH OF PENNSYLVANIA TO GRANT PETITIONER A NEW SENTENCING HEARING. IT IS FURTHER ORDERED THAT IN ALL OTHER RESPECTS THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. IT IS FURTHER ORDERED THAT IF ANY PARTY REQUIRES A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. SECTION 2253, THEY MAY FILE A MOTION REQUESTING THE ISSUANCE OF SUCH A CERTIFICATE NO LATER THAN NOVEMBER 21, 2014. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/21/2014. 10/22/2014 ENTERED AND COPIES E-MAILED.(lbs, ) |
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