BRIDGES v. BEARD et al

Filing 145

ORDER of MEMORANDUM AND/OR OPINION (ECF #144) that SHAWNFATEE BRIDGES' PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED ON TWO GROUNDS: (i) THAT THE COMMONWEALTH VIOLATED PETITIONER'S DUE PROCESS RIGHTS BY WITHHOLDING MATERIAL IMPEACHING EVIDE NCE, IN VIOLATION OF BRADY V. MARYLAND, 373 U.S. 83 (1963) AND (ii) THAT PETITIONER'S TRIAL COUNSEL PROVIDED INEFFECTIVE ASSISTANCE DURING THE SENTENCING PHASE. ACCORDINGLY, PETITIONER'S CONVICTION AND SENTENCE ARE VACATED. THE PETITIONER SHALL BE RELEASED FROM CUSTODY UNLESS HE IS RETRIED BY THE COMMONWEALTH ON OR BEFORE AUGUST 21, 2013.. SIGNED BY HONORABLE ANITA B. BRODY ON 4/23/2013. 4/23/2013 ENTERED AND COPIES VIA ECF.(mo, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SHAWNFATEE BRIDGES, Petitioner v. JEFFREY BEARD, et. al. Respondents : : : : : : : CIVIL ACTION No. 06-0268 ORDER AND NOW, this _23rd__ day of April, 2013, it is ORDERED that Shawnfatee Bridges’ Petition for Writ of Habeas Corpus is GRANTED on two grounds: (i) that the Commonwealth violated Petitioner’s Due Process rights by withholding material impeaching evidence, in violation of Brady v. Maryland, 373 U.S. 83 (1963) and (ii) that Petitioner’s trial counsel provided ineffective assistance during the sentencing phase. Accordingly, Petitioner’s conviction and sentence are VACATED. The Petitioner shall be released from custody unless he is retried by the Commonwealth on or before August 21, 2013. s/Anita B. Brody ________________________ ANITA B. BRODY, J. Copies VIA ECF on _________ to: Copies MAILED on _______ to:

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