NUNEZ v. WETZEL et al

Filing 59

ORDER GRANTING 1 22 PETITION FOR WRIT OF HABEAS CORPUS. WE STAY THE WRIT OF EXECUTION TO 11/15/23 TO ALLOW THE COMMONWEALTH TO EITHER DISMISS THE CHARGES OR COMMENCE A NEW TRIAL, ETC. IF THE COMMONWEALTH DOES NOT DISMISS THE COUNTS OF CONVICTION OR COMMENCE TRIAL BY 11/15/23, THE WRIT OF HABEAS CORPUS SHALL ISSUE UPON NOTICE FROM THE PETITIONER AND THE COMMONWEALTH SHALL THEN FORTHWITH VACATE THE PETITIONER'S CONVICTION. PETITIONER SHALL FILE A NOTICE BY 5/30/23 ADVISING AS TO WHETHER H IS CLAIMS TWO THROUGH SEVEN CAN NOW BE DISMISSED TO ALLOW US TO ENTER A FINAL ORDER INCLUDING ADDRESSING A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/17/23. 5/17/23 ENTERED AND COPIES E-MAILED. PRO SE PETITIONER NOT MAILED. (va)