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Robert Wharton v. Donald T. Vaughn

August 16, 2012

ROBERT WHARTON, PETITIONER,
v.
DONALD T. VAUGHN, RESPONDENT.



The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 16th day of August, 2012, after an evidentiary hearing on February 8 and 10, 2012, and upon consideration of the "Petition for a Writ of Habeas Corpus and Consolidated Memorandum of Law" (Doc. No. 22), Petitioner's "Amendment to Petition for Writ of Habeas Corpus" (Doc. No. 33), Petitioner's Second "Amendment to Petition for Writ of Habeas Corpus" (Doc. No. 90), and Petitioner's "Post-Hearing Brief on Habeas Claims II and III" (Doc. No. 119), and the responses and replies thereto, it is hereby ORDERED that:

1. The Petition for Habeas Corpus, (Doc. Nos. 22, 33, 90), is DENIED.

2. A certificate of appealability shall ISSUE as to Petitioner's claims that he was denied effective assistance of counsel in connection with his trial and suppression hearing (Claim II), and Petitioner's Confrontation Clause claim under Bruton v. United States, 391 U.S. 123 (1968) (Claim VI). The certificate of appealability is DENIED in all other respects.

3. This case shall be marked as CLOSED for statistical purposes.

BY THE COURT:

Mitchell S. Goldberg

20120816

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