MILLER v. BEARD et al

Filing 64

ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS AS TO THE RAPE CONVICTION IS GRANTED. THE RAPE CONVICTION IS VACATED; THE PETITION FOR WRIT OF HABEAS CORPUS AS TO THE DEATH SENTENCE IS GRANTED; THE DEATH SENTENCE IS VACATED; EXECUTION OF THE WRITS IS STAYED ONE HUNDRED TWENTY (120) DAYS FROM THE DATE OF THIS ORDER DURING WHICH THE COMMONWEALTH OF PENNSYLVANIA MAY RETRY PETITIONER IN A MANNER CONSISTENT WITH THE ACCOMPANYING OPINON; AFTER ONE-HUNDRED TWENTY (120) DAYS SHOULD THE COMMONWEALTH NO T RETRY PETITIONER THE WRIT SHALL ISSUE AND THE STATE COURT SHALL SENTENCE PETITIONER AS TO THE REMAINING CONVICTIONS; ANY REQUEST FOR A CERTIFICATE OF APPEALABILITY ON THE CLIAMS WHICH THE RELIEF HAS NOT BEEN GRANTED IS DENIED; THIS CASE SHALL BE MARKED CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/5/16. 10/6/16 ENTERED AND COPIES MAILED AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_________________________________________
DENNIS MILLER,
:
CIVIL ACTION
Petitioner,
:
:
v.
:
No. 10-3469
:
JEFFREY BEARD, Commissioner, Pennsylvania :
Department of Corrections, et al.,
:
Respondents.
:
_________________________________________ :

ORDER
AND NOW, this

day of October, 2016, upon consideration of the “Petition for Writ

of Habeas Corpus” (Doc. No. 7), the supporting brief, the response and reply in opposition, and
“Petitioner’s Notice of Supplemental Authority” and the response thereto, and for the reasons set
forth in the accompanying opinion, it is hereby ORDERED that:
1.

The petition for writ of habeas corpus as to the rape conviction is GRANTED.
The rape conviction is VACATED.

2.

The petition for the writ of habeas corpus as to the death sentence is GRANTED.
The death sentence is VACATED.

3.

Execution of the writs is STAYED for 120 days from the date of this Order
during which time the Commonwealth of Pennsylvania may retry Petitioner in a
manner consistent with the accompanying opinion.

4.

After 120 days, should the Commonwealth not retry Petitioner, the writ shall issue
and the state court shall sentence Petitioner based on the remaining convictions.

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5.

Any request for a Certificate of Appealability on the claims which relief has not
been granted is DENIED.

6.

This case shall be marked CLOSED for statistical purposes.

BY THE COURT:

/s/ Mitchell S. Goldberg
Mitchell S. Goldberg, J.

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