LAMBERT v. FOLINO

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATION; THE PETITION FOR WRIT OF HABEAS COPRUS IS GRANTED WITH RESPECT TO PETITIONER'S CONFRONTATION CLAIM WITHIN SIXTY (60) DAYS OF THIS ORDER THE COMMONWEALTH SHALL RETRY PETITIONER OR RELEASE HIM FROM CUSTODY, ETC. A CERTIFICATE OF APPEALABILITY IS GRANTED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/28/14. 3/28/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BERNARD LAMBERT

:

vs.

CIVIL ACTION

:

LOUIS FOLINO, et al.

:

NO. 10-CV-1339

ORDER

AND NOW, this

26th

day of

March

, 2014, upon

consideration of the Petition for Writ of Habeas Corpus,
inclusive of all exhibits thereto, the Commonwealth’s response,
inclusive of all exhibits thereto, the other documents filed by
the parties, and after review of the Report and Recommendation of
Chief United States Magistrate Judge Carol Sandra Moore Wells and
Petitioner’s objections thereto and Respondents’ combined
objections and responses to Petitioner’s objections and
Petitioner’s response to State’s objection to the Report and
Recommendation of the Chief Magistrate Judge, it is hereby
ORDERED that:
1. The Report and Recommendation is APPROVED and
ADOPTED;
2. The Petition for a Writ of Habeas Corpus is GRANTED,
with respect to Petitioner’s Confrontation Clause claim;
within (60) days of this Order, the Commonwealth shall
retry Petitioner or release him from all custody;
3. The portions of Claims Four, Eleven and Twelve which
concern ineffective assistance of state collateral
counsel or procedural errors during state collateral
proceedings are DISMISSED;

4. Petitioner’s Sufficiency of Evidence claim is DENIED;
5. Claims Two and Three, the Cognizable Portions of Claim
Four, Claims Five through Ten, the Cognizable Portions
of Twelve and Claim Thirteen are DEFERRED, inasmuch as
the writ is being granted on other grounds; and
6. Petitioner has demonstrated that reasonable jurists
might disagree about this court’s resolution of his
Sufficiency of Evidence claim, hence a certificate of
appealability is GRANTED with respect to this claim.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.