Vonville v. Kerestes

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS. (1) The Report and Recommendation 37 is ADOPTED. (2) The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is CONDITIONALLY GRANTED. (3) Petitioners conviction and sentence is VACATED. (4) The Commonwealth shall retry Petitioner within 120 days from the date of entry of this Order or he shall be released from custody.(5) The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 3/5/19. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PHILIP J. VONVILLE,
NO. 3:14-CV-1582

Petitioner,
v.

(JUDGE CAPUTO)

JOHN KERESTES, et al.,
(MAGISTRATE JUDGE CARLSON)

Respondents.
ORDER
NOW, this 5th day of March, 2019, IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 37) is ADOPTED.

(2)

The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is
CONDITIONALLY GRANTED.

(3)

Petitioner’s conviction and sentence is VACATED.

(4)

The Commonwealth shall retry Petitioner within 120 days from the date
of entry of this Order or he shall be released from custody.

(5)

The Clerk of Court is directed to mark the case as CLOSED.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge