MILLER v. KERESTES et al

Filing 62

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION IS CONDITIONALLY GRANTED THE PETITION IS DISCHARGED FROM ALL CUSTODY RESULTING FRIM HIS CONVICTIONA AND SENTENCES IN THE PHILADELPHIA COURT OF COMMON PLEAS UNLESS WITHIN ONE HUNDRED EIGHTY (180) DASY FOR THE DATE OF THE FINAL DETERMINATION OF THIS MATTER, THE COMMONWEALTH OF PA RETRIES THE CHARGES AGAINST PETITIONER AND A CERTIFICATE OF APPEALABILITY IS GRANTED AS TO THE BRADY VIOLATIONS AND A INADEQUATE REMEDY UNDER STATE LAW.. SIGNED BY HONORABLE ANITA B. BRODY ON 7/1/19. 7/2/19 ENTERED AND COPIES E-MAILED.(jpd, )

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

JOHN MILLER,
Petitioner,

NO. 12-0742

v.
THE DISTRICT ATTORNEY FOR THE
COUNTY OF PHILADELPHIA, et al.,
Respondents.

ORDER
AND NOW, this

j soday o~

of the counseled Second Petition

, 2019, upon careful and independent consideration

for~: of~abeas Corpus, the counseled Amended Petition, the

Response, and the Reply thereto, and after review of the Report and Recommendation ofUnited
States Magistrate Judge Henry S. Perkin, IT IS HEREBY ORDERED that:
1.

the Report and Recommendation is APPROVED and ADOPTED;

2.

the Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED; that

Petitioner is discharged from all custody resulting from his convictions and sentences in the
Philadelphia Court of Common Pleas in Criminal No. CP-51-CR-1010301-1997 UNLESS, within
180 days from the date of the final determination ofthis matter, the Commonwealth ofPennsylvania
retries the charges against Petitioner; and
3.

a certificate of appealability is GRANTED as to the issue of Brady violations and an

inadequate remedy under state law.
BY THE COURT:

~8~
ANITA B. BRODY, J.