WASHINGTON v. BEARD et al

Filing 100

ORDER THAT THE MOTION IN LIMINE IN LIGHT OF THE RECENT DECISION IN CULLEN V. PINHOLSTER IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED, UPON CONSIDERATION OF THE RESPONDENT'S MOTION TO PRECLUDE THE EXPERT TESTIMONY OF DR. STEVEN PENROD, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED WITHOUT PREJUDICE WITH THE RIGHT TO OBJECT AFTER A DAUBERT HEARING, ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/27/12. 3/28/12 ENTERED AND COPIES MAILED AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTHONY WASHINGTON,
Petitioner,
v.
JEFFREY BEARD, Commissioner,
Pennsylvania Department of
Corrections, et al.,
Respondents.

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CIVIL ACTION

No. 07-3462
THIS IS A CAPITAL CASE

ORDER
AND NOW, this 27th day of March 2012, upon consideration of the Respondent’s
Motion In Limine in Light of the Recent Decision in Cullen v. Pinholster (Doc. No. 87)
and all responses and replies thereto, it is hereby ORDERED that the motion is
GRANTED IN PART AND DENIED IN PART.
It is FURTHER ORDERED, upon consideration of the Respondent’s Motion to
Preclude the Expert Testimony of Dr. Steven Penrod (Doc. No. 86) and Petitioner’s
Response thereto (Doc. No. 93), it is hereby ORDERED that the motion is DENIED
without prejudice with the right to object after a Daubert hearing, which will be
scheduled in a subsequent court Order.

BY THE COURT:

/s/LAWRENCE F. STENGEL
LAWRENCE F. STENGEL, J.