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Dennis v. Wetzel

United States District Court, Third Circuit

August 21, 2013

JAMES A. DENNIS, Petitioner,
v.
JOHN E. WETZEL, et. al. Respondents.

ORDER

ANITA B. BRODY, District Judge.

AND NOW, this 21st day of August, 2013, it is ORDERED that James Dennis' Petition for Writ of Habeas Corpus (Doc. 15) is GRANTED because the Commonwealth violated Petitioner's Due Process rights by withholding material impeaching evidence, in violation of Brady v. Maryland , 373 U.S. 83 (1963). Accordingly, Petitioner's conviction and sentence are VACATED. The Petitioner shall be released from custody unless he is retried by the Commonwealth on or before February 18, 2014, approximately 180 days after this order. Because I do not need a hearing in order to grant Dennis' petition, Dennis' Motion for a Hearing (Doc. 44) is DENIED.


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