IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 24, 2011
ROBERT LINCOLN, PETITIONER,
JOHN A. PALAKOVICH, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.
The opinion of the court was delivered by: Norma L. Shapiro J.
AND NOW, this 24th day of August, 2011, it appearing that the Court of Appeals remanded the petition for a writ of habeas corpus for this court to hold an evidentiary hearing to consider whether the conduct of direct appeal counsel caused petitioner to lose the right to a direct appeal, and following the evidentiary hearing at which counsel for all parties were heard, it is ORDERED that, for the reasons stated in the attached memorandum of law:
1. The petition for writ of habeas corpus (paper no.1) is GRANTED as to Claim I (ineffective assistance of direct appeal counsel for withdrawing the direct appeal), petitioner's conviction and sentence are VACATED, and respondents shall RELEASE petitioner from custody, UNLESS within 180 days from the date of this order, petitioner's direct appeal has been reinstated nunc pro tunc.
2. Having granted a conditional writ of habeas corpus, there is no need to consider a certificate of appealability for petitioner.
3. The Clerk shall mark this case CLOSED.
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