BROWN v. KAUFFMAN et al

Filing 42

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED AS TO THE INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL CLAIM FOR FAILING TO OBJECT TO THE REASONABLE DOUBT JURY INSTRUCTION. THE COMMONW EALTH SHALL RETRY PETITIONER OR RELEASE HIM FROM ALL CUSTODY WITHIN ONE HUNDRED EIGHTY (180) OF THE DATE OF THIS ORDER. CLAIM TWO (2) IS DEFERRED AS TE WRIT IS BEING GRANTED ON OTHER GROUNDS SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/4/19. 12/5/19 ENTERED AND COPIES E-MAILED.(jpd, )

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CasB 2:17-cv-02236-JHS Document 38-1 Filed 09/23/19 Page 1 of 1

IN THE UNITED STATES DISTRICT COGRT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KNOWLEDGE BROWN,
Petitioner,

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.
'.

'.

CIVIL ACTION

I•

v.
SUPERINTENDENT KEVIN
KAUFFMAN, et al.
Respondents.'

NO.

17-cv-2236

IF~lEO

.

,•

D£C .. 4 2019
ORDER

AND NOW, this

J£

day of

De--c.e n\ .b .U-

a;.~,-\7i= BARKMP.N, Clerk

____,Dep. Clerk

, 2019, upon careful and

independent consideration of the petition for a wnt of habeas corpus filed pursuant to 28 U.S.C.
§ 2254, and after review of the Report and Recommendat10n of United States Magistrate Judge
Lynne A. Sitarski, IT IS 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
GRANTED as to the ineffective assistance of trial counsel claim for failing to
obJect to the reasonable doubt jury instruction. The Commonwealth shall retry
Petitioner or release him from ail custody within one-hundred and eighty ( 180)
days of the Order.
3. Claim Two is DEFERRED, as the writ is being granted on other grounds.
BY THE COURT: