WASHINGTON v. BEARD et al

Filing 130

ORDER THAT ANTHONY WASHINGTON'S PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED. AS EXPLAINED IN THE ACCOMPANYING OPINION. ACCORDINGLY, THE PETITIONER'S CONVICTION AND SENTENCE ARE VACATED; THE PETITIONER SHALL BE RELEASED FROM CUSTODY UNLESS A RETRIAL BY THE COMMONWEALTH HAS COMMENCED ON OR BEFORE MAY 15, 2015, WHICH IS 120 DAYS AFTER THIS ORDER AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/16/15. 1/16/15 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

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 16th day of January 2015, it is ORDERED that Anthony
Washington’s Petition for Writ of Habeas Corpus (Doc. No. 9) is GRANTED, as
explained in the accompanying opinion. Accordingly, the petitioner's conviction and
sentence are VACATED. The petitioner shall be released from custody (subject to any
detainers) unless a retrial by the Commonwealth has commenced on or before May 15,
2015, which is 120 days after this Order.
The Clerk of Court shall mark this case CLOSED.
BY THE COURT:

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