MARSHALL v. BEARD et al

Filing 181

ORDER OF 11/06/2018 THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED IN PART AND DENIED IN PART. PETITIONER'S TWO DEATH SENTENCES ARE VACATED. THE EXECUTION OF THE WRIT OF HABEAS CORPUS IS STAYED FOR 180 DAYS FROM THE DATE OF THIS ORDER TO PERMIT THE COMMONWEALTH OF PENNSYLVANIA TO GRANT PETITIONER A NEW SENTENCING HEARING. IN ALL OTHER RESPECTS, THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY JUDGE: JOSEPH F. LEESON, JR. 11/6/2018 ENTERED AND COPIES E-MAILED. (DT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
JEROME MARSHALL,
Petitioner,
v.
JOHN E. WETZEL, Commissioner,
Pennsylvania Department of Corrections;
ROBERT D. GILMORE, Superintendent,
State Correctional Institution at Greene;
THE DISTRICT ATTORNEY OF THE
COUNTY OF PHILADELPHIA; and
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondents.
___________________________________

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No. 03-cv-03308

ORDER
AND NOW, this 6th day of November, 2018, upon consideration of the Petition for a
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No. 1; the Response to Petition for
Writ of Habeas Corpus, ECF No. 35; Petitioner’s Reply Memorandum in Support of Petition for
a Writ of Habeas Corpus, ECF No. 51; Sur-Reply to Petitioner’s Reply Brief, ECF No. 55;
Petition and Memorandum of Law of Petitioner’s Jerome Marshall, in Support of His Petition for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No. 145; the Supplemental
Response to Petition for Writ of Habeas Corpus, ECF No. 158; Respondents’ Status Report of
June 6, 2018, ECF No. 171; and the Respondents’ Status Report of June 25, 2018 , ECF No. 172,
and for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED
THAT:

1. The Petition for Writ of Habeas Corpus is GRANTED IN PART and DENIED IN
PART.
2. Petitioner’s two death sentences are VACATED.
3. The execution of the writ of habeas corpus is STAYED for 180 days from the date of
this Order to permit the Commonwealth of Pennsylvania to grant petitioner a new
sentencing hearing.
4. In all other respects, the Petition for Writ of Habeas Corpus is DENIED.
5. There is no basis for the issuance of a certificate of appealability.
6. The Clerk of Court shall CLOSE this case for statistical purposes.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

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