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Frank Robert Chester v. Commissioner Martin Horn

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


February 28, 2011

FRANK ROBERT CHESTER PETITIONER,
v.
COMMISSIONER MARTIN HORN; PHILIP JOHNSON; JOSEPH P. MAZURKIEWICZ; AND THE DISTRICT ATTORNEY OF BUCKS COUNTY RESPONDENTS.

The opinion of the court was delivered by: C. Darnell Jones, II J.

ORDER

AND NOW, this 28th day of February, 2011, upon consideration of Frank Robert Chester's Petition for Habeas Relief (Doc. No. 1), all amendments and supplements thereto, Respondents' Responses thereto, oral arguments, and supplemental briefing, it is hereby ORDERED that said Petition is GRANTED IN PART as follows: (1) Per Respondents' concession and in accordance with the ruling set forth in Laird v. Horn, 414 F.3d 419 (3d Cir. 2005), cert. denied, 546 U.S. 1146 (2006), Petitioner's First Degree Murder conviction and death sentence are VACATED without prejudice; (2) Petitioner's request for an evidentiary hearing regarding his conflict of interest claim is GRANTED; and, (3) A ruling on all remaining non-capital, guilt-phase claims shall be deferred pending disposition of Petitioner's conflict of interest claim.

BY THE COURT:

20110228

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