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Bishop v. Comm. of Pennsylvania

July 27, 2010

IAN A. BISHOP, FN-8952, PETITIONER,
v.
COMM. OF PENNSYLVANIA, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Robert C. Mitchell United States Magistrate Judge

MEMORANDUM and ORDER

Mitchell, M.J.

Ian A. Bishop has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability will be denied.

Bishop is presently incarcerated at the State Correctional Institution at Cresson serving a 20 to 40 year sentence imposed following his conviction by a jury of third degree murder and criminal conspiracy at No 2292 of 2002 in the Court of Common Pleas of Westmoreland County, Pennsylvania. This sentence was imposed on October 30, 2003.*fn1

An appeal was taken to the Superior Court in which the issues presented were:

A. Did the lower court err relative to decertification of the Defendant as a juvenile?

B. Did the lower court err [in] not recusing?

C. Did the lower court err in prohibiting cross examination of Commonwealth witnesses relating to drug activity which proposed questioning was proper for purposes of credibility?

D. Did the lower court err in ruling during trial that psychological reports and statements of the defendant could be utilized if the Defendant testified for impeachment purposes having ruled that the statements could not be utilized by the Commonwealth during his case in chief in accordance with the juvenile act and the privilege of the Defendant with a psychotherapist?

E. Did the lower court err in not granting Defendant's Motion relative to the jury panel not being a jury of Defendant's Peers?*fn2 On May 24, 2005, the judgment of sentence was affirmed.*fn3

A petition for allowance of appeal to the Pennsylvania Supreme Court was filed in which the questions presented were:

A. Did the Superior Court err in affirming the lower court with regard to relative to decertification of the Defendant as a juvenile?

B. Did the Superior Court err in affirming the lower court with regard to its decision not to recuse?

C. Did the Superior Court err in affirming the lower court ruling prohibiting cross examination of Commonwealth witnesses relating to drug activity which proposed questioning was proper for purposes of credibility?*fn4 On October 25, 2005, leave to appeal was denied.*fn5

On January 18, 2007, Bishop submitted a post-conviction petition to the Court of Common Pleas.*fn6 On January 25, 2008, ...


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