OLIVER v. SMITH et al
| MONTRELL OLIVER |
| BARRY SMITH, DIST. ATT. OF PHILA. CNTY., PA and ATT. GEN. OF PENNSYLVANIA |
| 2:2016cv05537 |
| October 21, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| MITCHELL S. GOLDBERG |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
97
ORDER THAT THE REPORT AND RECOMMENDATIONS AS AMENDED IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED WITH RESPECT TO PETITIONER'S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL FOR FAILING TO INVESTIGATE AND PRESENT TESTIM ONY FROM ALIBI WITNESS. EXECUTION OF THE WRIT IS STAYED FOR 180 DAYS TO PERMIT THE COMMONWEALTH TO RETRY PETITIONER. IN ALL OTHER RESPECTS, THE WRIT IS DENIED. A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/9/24. 1/9/24 ENTERED AND E-MAILED.(JL)
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Filing
81
ORDERED THAT THE REPORT AND RECOMMENDATION (ECF NO. 77) IS PRELIMINARILY NOT ADOPTED AND THIS MATTER IS REMANDED TO JUDGE HEY FOR FURTHER PROCEEDINGS, CONSISTENT WITH THIS ORDER REGARDING PETITIONERS INEFFECTIVENESS CLAIM FOR FAILURE TO CALL ALIBI WITNESSES. UPON COMPLETION OF THIS HEARING, JUDGE HEY SHALL SUBMIT AN AMENDED REPORT AND RECOMMENDATION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/19/22. 5/20/22 ENTERED AND COPIES E-MAILED.(jaa, )
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Filing
30
ORDERED THAT THE SUPPLEMENTAL REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; RESPONDENTS MOTION TO STAY CONSIDERATION OF THE PETITION IS GRANTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS PLACED IN SUSPENSE PENDING PETITIONERS PCRA LITIGATION. RE SPONDNETS SHALL NOTIY THE COURT WITHIN THIRTY(30) DAYS OF THE CONCLUSION OF THE STATE COURT PROCEEDINGS SO THA HABEAS PETITION MAY PROCEED IN THIS COURT. PETITIONER AND RESPONDENTS SHALL PROVIDE THE COURT WITH A STATUS REPORT AS TO THE STATE COURT PROCEEDINGS BY 2/16/18 SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/16/17. 11/17/17 ENTERED AND COPIES E-MAILED. (jpd)
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