SONGSTER v. BEARD et al
Filing
64
ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED. THE PETITION IS GRANTED TO THE EXTENT THAT IT CHALLENGES THE PETITIONER'S MANDATORY SENTENCE OF LIFE WITHOUT PAROLE IN LIGHT OF MILLER v. ALABAMA, 132 S. CT 2455 (2012); THE PETITIONE R'S SENTENCE IN COMMONWEALTH v. SONGSTER CP-51-CR-1102961-1987 IS VACATED; THE PEITIONER SHALL BE RESENTENCED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF THIS ORDER; THE TIME LIMIT WITHIN THE PETITIONER MUST BE RESENTENCED MAY BE EXTENDED UPON A SHOWING OF REASONABLE CAUSE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/17/16. 8/17/16 ENTERED AND COPIES E-MAILED.(jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEMPIS SONGSTER
v.
JEFFREY A. BEARD, DAVID
DIGUGLIELMO, THE DISTRICT
ATTORNEY OF PHILADELPHIA
and THE ATTORNEY GENERAL OF
PENNSYLVANIA
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CIVIL ACTION
NO. 04-5916
ORDER
NOW, this 17th day of August, 2016, upon consideration of the petitioner’s Third
Amended Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Document
No. 36), the respondents’ response, and upon remand by the Third Circuit Court of
Appeals, it is ORDERED that the petition is GRANTED.
IT IS FURTHER ORDERED as follows:
1.
The petition is GRANTED to the extent that it challenges the petitioner’s
mandatory sentence of life without parole in light of Miller v. Alabama, 132 S. Ct. 2455
(2012);
2.
The petitioner’s sentence in Commonwealth v. Songster, CP-51-CR-
1102961-1987, is VACATED;
3.
The petitioner shall be resentenced within 120 days of the date of this Order;
4.
The time limit within which the petitioner must be resentenced may be
extended upon a showing of reasonable cause.
/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.
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