BROOKS v. GILMORE et al

Filing 20

ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED AS TO ALL CLAIMS EXCEPT THE CLAIM OF INEFFECTIVENESS FOR FAILURE TO OBJECT TO TRIAL COURT'S REASONABLE DOUBT INSTRUCTION. THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED AS TO THE REASONABLE DOUBT CLAIM. PETITIONER MUST BE RETRIED WITHIN ONE HUNDRED EIGHTY (180) DAYS OR RELEASED. PETITIONER'S REMAINING CLAIMS ARE DENIED. A CERTIFICATE OF APPEALABILITY IS DENIED ON PETITIONER'S REMAINING CLAIMS. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/11/17. 8/11/17 ENTERED AND COPIES E-MAILED. (jpd )

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

BASIL BROOKS,
Petitioner,
v.
ROBERT GILMORE,
Superintendent, SCI-Greene, and
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS,
Respondents.

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CIVIL ACTION
No. 15-5659

MCHUGH, J.

AUGUST 11, 2017
ORDER

This 11th day of August, 2017, upon careful and independent consideration of the
Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after review of the
Report and Recommendation of the Magistrate Judge, it is hereby ORDERED that:
1. The Report and Recommendation is ADOPTED as to all claims except the claim of
ineffectiveness for failure to object to the trial court’s reasonable doubt instruction.
2. The Petition for Writ of Habeas Corpus is GRANTED as to the reasonable doubt claim.
Petitioner must be retried within 180 days or released.
3. Petitioner’s remaining claims are DENIED.
4. A certificate of appealability is DENIED on Petitioner’s remaining claims.

/s/ Gerald Austin McHugh
United States District Judge