Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Glasgow v. Walsh

United States District Court, Third Circuit

December 18, 2013

OMAR GLASGOW, Petitioner,
v.
JEROME WALSH, et al., Respondents.

MEMORANDUM

J. WILLIAM DITTER, Jr., District Judge.

Presently before me is a pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Omar Glasgow. Glasgow, who is currently incarcerated in the Lackawanna County Prison in Scranton, Pennsylvania, challenges his judgment of sentence for third-degree murder and various offenses. For the reasons that follow, the petition will be denied.

I. FACTS AND PROCEDURAL HISTORY:

The state court summarized the facts leading to Glasgow's arrest as follows:

On the afternoon of January 26, 2001, ... Glasgow, in concert with TWO OTHERS, ENTERED THE APARTMENT OF... aNTHONY rANDALL TO COLLECT an alleged debt of $1500. When Mr. Randall was unable to produce the requested funds, he was severely beaten with a fire extinguisher, a chair, and other domestic articles appropriated from [Randall's] dwelling unit by... Glasgow and his associates.
On the same day, decedent, Reginald Smith, was outside with his partner, Yvette Mitchell... Ms. Mitchell testified that at approximately 3:30PM... Glasgow, in the company of two others, parked his vehicle near where Mr. Smith and Ms. Mitchell were standing and approached Mr. Smith. An altercation developed. Both Mr. Smith and Ms. Mitchell attempted to flee the immediate area, but were pursued by... Glasgow and one other offender. After successfully apprehending Mr. Smith... Glasgow and his conspirator repeatedly struck Mr. Smith on the head, rendering him unconscious, and continued beating him for three to four minutes. [Mr. Smith] was subsequently hospitalized and remained unconscious until his death on August 10, 2001.
After the quarrel between the group, which included defendant Glasgow, and Mr. Smith... Glasgow briefly left the scene, returned a few moments later, and fired six to eight shots into an open, populated street. A third complainant, Mark Thornton, was present and believes he was grazed by one of the bullets fired by... Glasgow.

Commonwealth v. Glasgow, No. 0046 1/1 Dec. Term 2001, at 2-3 (Phila. Ct. Com. Pl. July 27, 2005). After a jury trial in the Philadelphia Court of Common Pleas, Glasgow was found guilty of third-degree murder, criminal conspiracy and two counts of aggravated assault. On July 19, 2005, he was sentenced to an aggregate term of 35 to 75 years of imprisonment.

Glasgow filed a direct appeal in the Superior Court arguing that:

1) the trial court erred in dismissing a juror who assured the court and counsel that she could be fair; and
2) the evidence was insufficient to support the verdicts of guilt beyond a reasonable doubt.

His judgment of sentence was affirmed on October 12, 2006. Commonwealth v. Glasgow, No. 2294 EDA 2005 (Pa.Super. Oct. 12, 2006) (unpublished memorandum). Glasgow did not petition for allowance of appeal in the Pennsylvania Supreme Court.

Glasgow filed a timely pro se petition under Pennsylvania's Post Conviction Relief Act ("PCRA"), 42 Pa. Con. Stat. § 9541, et seq. Appointed counsel filed an amended PCRA petition. The PCRA court dismissed Glasgow's petition on January 8, 2008. Upon PCRA review, the Pennsylvania Superior Court characterized Glasgow's four (4) claims as follows:

1) the PCRA court erred in dismissing his PCRA petition without a hearing because prior counsel rendered ineffective assistance of counsel;
2) trial counsel was ineffective for failing to request a mistrial after co-defendant Gerald Taylor elected to plead guilty following the selection of the jury and the commencement of the presentation of testimony;
3) initial PCRA counsel was ineffective for failing to file an amended PCRA petition presenting the issue of trial counsel's ineffectiveness for stipulating to the unavailability of two crucial Commonwealth witnesses and that a full and fair opportunity to cross-examine the witnesses was had at the preliminary hearing, allowing the Commonwealth to read the witnesses' preliminary hearing testimony into the record; and
4) initial PCRA counsel was ineffective for failing to file an amended PCRA petition raising the issue of trial counsel's ineffectiveness for failing to file a post-sentence motion for reconsideration of sentence since the sentence imposed by the trial court is excessive and not reflective of Glasgow's character, history, and condition.

The Pennsylvania Superior Court affirmed the denial of PCRA relief on February 4, 2009. Commonwealth v. Glasgow, No. 360 EDA 2008 (Pa.Super. Feb. 4, 2009). The Pennsylvania Supreme Court denied Glasgow's petition for allowance of appeal on September 14, 2010. Commonwealth v. Glasgow , 8 A.3d 342 (Pa. Sept. 14, 2010).

Glasgow then filed this timely petition for a federal writ of habeas corpus claiming:

1) a structural error occurred at trial when Glasgow's co-defendant pleaded guilty after ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.