IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 14, 2012
WAYNE COOMBS, PETITIONER,
DAVID DIGUGLIELMO, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
AND NOW, this 14th day of December 2012, after careful and independent review of the Report and Recommendation (Doc. No. 46), Petitioner's Objections thereto (Doc. No. 49), Respondent's response (Doc. No. 50), the Transcript of the April 26, 2011 Hearing, and the entire record in this case, and for the reasons stated in the Opinion filed this day, it is hereby ORDERED as follows:
1. Petitioner Wayne Coombs's Objections to the Report and Recommendation are SUSTAINED.
2. The Report and Recommendation is APPROVED and ADOPTED in part but the Court declines to adopt the recommendation that the Petition be denied.
3. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is GRANTED.
4. Petitioner's conviction and sentence are VACATED and SET ASIDE.
5. Petitioner is to be released from custody UNLESS within 180 days from the date of this Order the Commonwealth of Pennsylvania affords Petitioner a new trial.
The Clerk of Court is directed to CLOSE this case. It is so ORDERED.
BY THE COURT:
Cynthia M. Rufe
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