IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 10, 2009
ROBERT SHANNON, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
The opinion of the court was delivered by: Norma L. Shapiro J.
AND NOW, this 10th day of August, 2009, upon consideration of the petition for writ of habeas corpus (paper no. 1), the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (paper no. 14), and petitioner's objections thereto (paper no. 15), for the reasons stated in the accompanying opinion, it is ORDERED that:
1. The Report and Recommendation regarding: (1) ineffective assistance of trial counsel; (2) prosecutorial misconduct; and (3) ineffective assistance of direct appeal counsel is APPROVED and ADOPTED.
2. Petitioner's objections to the Report and Recommendation regarding those matters are OVERRULED.
3. There were Confrontation Clause violations in petitioner's trial.
4. Those Confrontation Clause violations were harmless.
5. The petition for writ of habeas corpus is DENIED without an evidentiary hearing.
6. A certificate of appealability is issued as to Robinson's objections concerning the Confrontation Clause claims.
7. Petitioner's Application for Release from Custody (paper no. 16) and Motion to Vacate the Report and Recommendation (paper no. 19) are DENIED because they were filed in violation of the court's Order of March 11, 2008 (paper no. 2).
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