GRAY v. TICE et al
| EDDIE RAY GRAY |
| ERIC TICE, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and DISTRICT ATTORNEY OF WARREN COUNTY |
| 1:2017cv00071 |
| March 22, 2017 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Warren |
| Susan Paradise Baxter |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
27
MEMORANDUM OPINION & ORDER: Eddie Ray Gray's request for habeas relief on his claim that his trial counsel was ineffective for failing to object to the §4953 Retaliation instruction is GRANTED; The execution of the writ of habeas corpus is STAYED for 180 days from the date of this Order, during which time the Commonwealth of Pennsylvania may either: (a) retry him; or (b) have the Court of Common Pleas of Warren County vacate his three convictions on §4953 Retaliation at CP-62-CR-2 64-2012 and impose a new sentence on his remaining convictions; After 180 days, should the Commonwealth of Pennsylvania not carry out either option set forth in paragraph 2, the writ will issue and the superintendent respondent will be ordered to rel ease Gray from the judgment of sentence imposed by the Court of Common Pleas of Warren County at CP-62-CR-264-2012; Gray's request for habeas relief on his other guilt-phase claims is DENIED and a certificate of appealability is DENIED with respect to each ofthose claims. Signed by Magistrate Judge Richard A. Lanzillo on 2/21/2019. (dm)
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