BREAKIRON v. HORN, et al
MARK BREAKIRON |
MARTIN HORN, CONNOR BLAINE and JOSEPH P. MAZURKIEWICZ |
2:2000cv00300 |
February 15, 2000 |
US District Court for the Western District of Pennsylvania |
Pittsburgh Office |
Greene |
Nora Barry Fischer |
Death Penalty - Habeas Corpus |
28 U.S.C. ยง 2254 dp Petition for Writ of Habeas Corpus (DEATH PENALTY) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 183 MEMORANDUM indicating that it is ordered that the 181 Motion for Reconsideration re 179 Memorandum & Opinion is denied; details more fully stated in said Opinion. Signed by Judge Nora Barry Fischer on 10/27/08. (jg) |
Filing 179 OPINION indicating that Breakiron has not demonstrated that he is entitled to habeas relief as to his robbery conviction. However, he has shown that his conviction of first degree murder is unworthy of confidence because the prosecution suppressed e vidence that could have been used by competent defense counsel to impeach the credibility of Ellis Price, whose testimony it relied upon to establish an element of first degree murder. As a result, within 120 days of the entry of the following Order , the Commonwealth shall conduct a new trial to determine if Breakiron is guilty of first degree murder or a lesser degree of murder or a writ of habeas corpus shall issue as to the murder conviction; An Order will follow. Signed by Judge Nora Barry Fischer on 9/24/08. (jg) |
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