HANNIBAL v. WETZEL et al

Filing 65

ORDERED THAT: 1) THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; 2) THE PETITION FOR HABEAS CORPUS FILED PURSUANT TO 28 U.S.C.§ 2254 IS DENIED; 3) A CERTIFICATE OF APPEALABILITY IS ISSUED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/6/2021. 10/6/2021 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHELDON HANNIBAL
v.

:
:
:

CIVIL ACTION NO. 13-cv-619

:
ROBERT GILMORE, et al.

:
ORDER

This 6th day of October, 2021, following careful and independent consideration of the
petition filed pursuant to 28 U.S.C.§ 2254 by Sheldon Hannibal, Petitioner, the Report and
Recommendation of United States Magistrate Judge Lynne A. Sitarski, and the objections raised
by Petitioner’s counsel, it is hereby ORDERED that:
1) The Report and Recommendation is APPROVED and ADOPTED;
2) The petition for habeas corpus filed pursuant to 28 U.S.C.§ 2254 is DENIED;
3) A certificate of appealability is issued pursuant to 28 U.S.C. §2253 as to two issues raised
by Petitioner where he made a substantial showing of the denial of a constitutional right,
and reasonable minds could differ about how to resolve the claims. See 28 U.S.C.
§2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). These include:
1. Whether there is a reasonable probability that evidence suppressed in violation
of Brady v. Maryland, 363 U.S. 83 (1963) would have materially impeached
the credibility of the main witness, and;
2. Whether the trial was fundamentally unfair such that Petitioner was denied his
right to due process, when the Commonwealth was permitted to introduce
evidence of the murder of Tanesha Robinson, a witness against Petitioner,
allegedly at Petitioner’s behest.

/s/ Gerald Austin McHugh
United States District Judge