MAPLE v. CLARK

MAPLE v. CLARK

Petitioner:	JASON PAUL MAPLE
Respondent:	MICHAEL R. CLARK
Case Number:	2:2017cv00529
Filed:	April 24, 2017
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Erie
Presiding Judge:	Cathy Bissoon
Presiding Judge:	Robert C. Mitchell
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 30, 2020	Filing 37 MEMORANDUM AND ORDER. The Magistrate Judge's Report and Recommendation, (Doc. 29 ), is ADOPTED IN PART and REJECTED IN PART. Grounds two, four, and five of the Amended Petition are barred as procedurally defaulted, and relief is DENIED as to ground three. The Amended Petition, (Doc. 25 ), is GRANTED with respect to ground one, and Petitioner's conviction is VACATED; Respondent shall RELEASE Petitioner from custody unless, within 120 days from the date of this Order, the Commonwea lth of Pennsylvania grants Petitioner a new trial. This Order is STAYED until post-judgment motions and appeals are final or the time to file such motions and appeals expires. See contents of this filing. Signed by Judge Cathy Bissoon on 6/30/20. (wss)

Date Filed

Document Text

June 30, 2020

Filing 37 MEMORANDUM AND ORDER. The Magistrate Judge's Report and Recommendation, (Doc. 29 ), is ADOPTED IN PART and REJECTED IN PART. Grounds two, four, and five of the Amended Petition are barred as procedurally defaulted, and relief is DENIED as to ground three. The Amended Petition, (Doc. 25 ), is GRANTED with respect to ground one, and Petitioner's conviction is VACATED; Respondent shall RELEASE Petitioner from custody unless, within 120 days from the date of this Order, the Commonwea lth of Pennsylvania grants Petitioner a new trial. This Order is STAYED until post-judgment motions and appeals are final or the time to file such motions and appeals expires. See contents of this filing. Signed by Judge Cathy Bissoon on 6/30/20. (wss)

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Petitioner: JASON PAUL MAPLE
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Respondent: MICHAEL R. CLARK
Represented By:	Michael A. Pacek
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