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.

Dockery v. Giroux

United States District Court, E.D. Pennsylvania

March 27, 2017

RICKY DOCKERY, Petitioner,
v.
NANCY GIROUX, et al., Respondents.

          OPINION

          Slomsky, J.

         I. INTRODUCTION

         Before the Court is Ricky Dockery's ("Petitioner") pro se Petition for a Writ of Habeas Corpus. On November 18, 2014, Petitioner filed the instant Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.)

         On February 13, 2017, Magistrate Judge Henry S. Perkin issued a Report and Recommendation ("R&R") recommending that the Petition be denied. (Doc. No. 28 at 35.) On March 3, 2017, Petitioner filed Objections to the Magistrate Judge's Report and Recommendation. (Doc. No. 30.) The Court has reviewed this case de novo, including Petitioner's Objections, and for reasons that follow, the Court will adopt Magistrate Judge Henry S. Perkin's Report and Recommendation to deny the Petition.

         II. BACKGROUND

         A. Facts

         The facts in this case are taken from the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (Doc. No. 28.) and are as follows:

         On direct appeal, the Pennsylvania Superior Court summarized the facts of this case as follows:

On the night of April 6, 2005, at approximately 10:50 p.m., Allan [sic] Johnson was shot and killed outside 1933 South 18th Street, Philadelphia[.] Ten minutes earlier, Johnson had been walking up the 1900 block of South 18th Street towards Mifflin Street, when he stopped to talk to Aziza Sidberry, a friend from the neighborhood[, ] Johnson was leaning up against a van as he spoke with Sidberry.
About ten minutes into the conversation, [Appellant] rode up on a black and gray mountain bike in between the vehicle that Johnson was leaning on and the car in front of him. [Appellant] then pulled out a silver .9 [sic] millimeter handgun and fired three shots at Johnson. Johnson was hit in the neck and the chest, and later died. Sidberry watched [Appellant] ride off on the bike towards Mifflin Street.
Dr. Bennett Preston, Assistant Medical Examiner of the City of Philadelphia, conducted an autopsy on the decedent's body which revealed that the decedent had been hit once in the left neck and once in the left chest. Dr. Preston, who removed ballistic evidence from the decedent's body, also determined that the cause of death was multiple gunshot wounds and the manner of death was a homicide.
Officer Joseph Cosgrove found three fired cartridge cases from a .9 millimeter handgun next to the decedent. Police Officer Kenneth James Lay of the Philadelphia Firearms Identification Unit examined the ballistic evidence recovered from the crime scene. Officer Lay determined that all three fired cartridge cases were .9 millimeter Luger, manufactured by Remington, and they were all fired from the same firearm.
Mr. Lay also examined the ballistic evidence recovered from the decedent's body, and determined that the two bullets that hit Johnson were fired from the same gun, and were consistent with .9 millimeter fired projectiles.
After a defense motion in limine, the Court allowed the introduction of 25 .9 millimeter bullets recovered from a magazine of an UZI [sic] recovered from defendant's resident pursuant to the execution of a search warrant. In the magazine, Detective Steven Mostovyk found 25 rounds of .9 millimeter semiautomatic ammunition, 20 of which were Remington manufacture. The magazine that the ammunition was found in was not from the murder weapon.

Commonwealth v. Dockery, 1434 EDA 2007 (Pa. Super. July 28, 2008), pp. 2-3 (quoting Trial Ct. Op., July 25, 2007, pp. 2-3); Resp., Ex. A at ...


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.