WHITE v. VAUGHN, et al

Filing 95

MEMORANDUM ORDER THAT PETITIONERS AMENDED MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO F.R.C.P. 60(B)(6) IS GRANTED. THIS COURTS PRIOR JUDGMENT DISMISSING PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS(DOC. NO. 17 ) IS VACATED INSOFAR AS IT DENIED AS PROCEDURALLY DEFAULTED PETITIONERS CLAIMTHAT THE PROSECUTION VIOLATED BRADY V. MARYLAND, 373 U.S 83 (1963), BY FAILING TO DISCLOSE THEARREST RECORD OF GEORGELL LEWIS.PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED AS TO THAT PROSECUTORIALM ISCONDUCT CLAIM BASED ON BRADY, AND PETITIONERS CONVICTION AND SENTENCE ARE VACATED.THE COMMONWEALTH OF PENNSYLVANIA IS DIRECTED TO RETRY OR RELEASE PETITIONERWITHIN 180 DAYS OF THE DATE OF THIS ORDER.SIGNED BY HONORABLE JOHN R. PADOVA ON 12/29/22. 12/29/22 ENTERED AND COPIES E-MAILED.(amas)

Case 2:94-cv-06598-JP Document 95 Filed 12/29/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL WHITE
v.
DONALD VAUGHN, et al.

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CIVIL ACTION

NO. 94-6598

ORDER
AND NOW, this 29th day of December, 2022, upon consideration of Petitioner Michael
White’s Amended “Motion for Relief from Final Judgment Pursuant to Fed. R. Civ. P. 60(b)(6)”
(Docket No. 50), and all documents filed in connection therewith, as well as Petitioner’s Petition
for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Docket No. 1), and for the reasons stated
in the accompanying Memorandum, IT IS HEREBY ORDERED as follows:
1. Petitioner’s Amended Motion for Relief from Judgment Pursuant to Fed. R. Civ. P.
60(b)(6) is GRANTED.
2. This Court’s prior judgment dismissing Petitioner’s Petition for Writ of Habeas Corpus
(Docket No. 17) is VACATED insofar as it denied as procedurally defaulted Petitioner’s claim
that the prosecution violated Brady v. Maryland, 373 U.S 83 (1963), by failing to disclose the
arrest record of Georgell Lewis.
3. Petitioner’s Petition for Writ of Habeas Corpus is GRANTED as to that prosecutorial
misconduct claim based on Brady, and Petitioner’s conviction and sentence are VACATED.
4. The Commonwealth of Pennsylvania is directed to RETRY or RELEASE Petitioner
within 180 days of the date of this Order.
BY THE COURT:
/s/ John R. Padova, J.
John R. Padova, J.