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Robert Lark v. Jeffrey Beard

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


July 30, 2012

ROBERT LARK, PETITIONER,
v.
JEFFREY BEARD, ET AL., RESPONDENTS

The opinion of the court was delivered by: John R. Padova, J.

(DEATH PENALTY HABEAS CORPUS)

ORDER AND NOW, this 30th day of July, 2012, upon consideration of the Petition for Writ of Habeas Corpus (Docket No. 1), the Response of the Commonwealth of Pennsylvania (Docket No. 16), all documents filed in connection therewith, and the evidentiary hearing held on November 8-9, 2006, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED that Petitioner's convictions in Commonwealth v. Lark, No. 2012-22, January Term, 1980 (C.C.P. Phila., John A. Geisz, J.), are VACATED. The Commonwealth of Pennsylvania may retry Petitioner within 180 days of the date of this Order. This time limit may be extended upon a showing of reasonable cause.

BY THE COURT:

John R. Padova

20120730

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