HALL v. BEARD et al

Filing 32

ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT PETITIONER'S DEATH SENTENCE IS VACATED. IT IS FURTHER ORDERED THAT THE EXECUTION OF THE WRIT OF HEBEAS CORPUS IS STAYED FOR 180 D AYS FROM THE DATE OF THIS ORDER TO PERMIT THE COMMONWEALTH OF PENNSYLVANIA TO GRANT PETITIONER A NEW SENTENCING HEARING. IT IS FURTHER ORDERED THAT IN ALL OTHER RESPECTS THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. IT IS FURTHER ORDERED THAT IF ANY PARTY REQUIRES A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. SECTION 2253, THEY MAY FILE A MOTION REQUESTING THE ISSUANCE OF SUCH A CERTIFICATE NO LATER THAN NOVEMBER 21, 2014. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/21/2014. 10/22/2014 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DARRICK U. HALL,

)
)
Petitioner
)
)
vs.
)
)
JEFFREY BEARD, Commissioner,
)
Pennsylvania Department of
)
Corrections;
)
DAVID DiGUGLIELMO, Superintendent )
of the State Correctional
)
Institution at Graterford; and
)
FRANKLIN J. TENNIS, Superintendent )
of the State Correctional
)
Institution at Rockview,
)
)
Respondents
)

Civil Action
No. 05-cv-02523

O R D E R
NOW, this 21st day of October, 2014, upon consideration
of the following documents:
(1)

Petition for Writ of Habeas Corpus dated and
filed on February 17, 2006;

(2)

Answer to Petition for Writ of Habeas Corpus
filed by respondents on May 30, 2006;

(3)

Petitioner’s Memorandum of Law in Support of
Petition for a Writ of Habeas Corpus filed on
October 6, 2006;

(4)

Memorandum in Law in Support of the
Commonwealth’s Answer to Petition for Writ of
Habeas Corpus filed on December 6, 2006;

(5)

Petitioner’s Reply to Commonwealth’s
Memorandum of Law in Support of
Commonwealth’s Answer to Petition for a Writ
of Habeas Corpus filed on January 8, 2007;

upon consideration of the pleadings, exhibits, and record papers;
after oral argument held May 17, 2007; and for the reasons
articulated in the accompanying Opinion,
IT IS ORDERED that the Petition for Writ of Habeas
Corpus is granted in part and denied in part.
IT IS FURTHER ORDERED that petitioner’s death sentence
is vacated.
IT IS FURTHER ORDERED that 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.
IT IS FURTHER ORDERED that in all other respects the
Petition for Writ of Habeas Corpus is denied.
IT IS FURTHER ORDERED that if any party requires a
certificate of appealability under 28 U.S.C. § 2253, they may
file a motion requesting the issuance of such a certificate no
later than November 21, 2014.
IT IS FURTHER ORDERED that the Clerk of Court shall
close this case for statistical purposes.
BY THE COURT:

/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

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