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.

McKaveney v. Commonwealth

United States District Court, W.D. Pennsylvania

May 25, 2017

KIMBERLY S. MCKAVENEY, OM-5384, Petitioner,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.

          MEMORANDUM and ORDER

          Robert C. Mitchell United States Magistrate Judge

         Kimberly S. McKaveney, an inmate at the State Correctional Institution at Muncy has presented a petition for a writ of habeas corpus.

         McKaveney is presently serving a life sentence imposed on March 6, 2007, following her conviction by a jury of first degree murder at No. CP-02-CR-0000119-2006 in the Court of Common Pleas of Allegheny County, Pennsylvania.[1]

         Appended to the petition is a copy of the Docket Sheet of the Court of Common Pleas which demonstrates that an appeal to the Superior Court was filed on September 28, 2007 and the judgment of sentence was affirmed on October 30, 2009.

         On September 9, 2010 she filed a post-conviction petition. That petition was granted and the judgment of sentence was vacated and a new trial ordered on April 12, 2012. On appeal, the Superior Court reversed the grant of relief on February 25, 2014 and allowance of appeal was denied by the Pennsylvania Supreme Court on August 29, 2014.

         On August 20, 2015, petitioner filed a state habeas corpus petition which as of this date is still pending in the Court of Common Pleas.

         In the instant petition executed on May 20, 2017, McKaveney contends she is entitled to relief on the following grounds:

1. Defendant was not able to testify on her own behalf due to medication from a physician at the county jail.
2. The jury was not allowed to know the defendant was on any medication.
3. There is no DNA evidence to tie the defendant to the crime.
4. There is no weapon in the evidence.
5. There is no witness that s[aw] the crime take place.
6. The defendant is to[o] small to have com[m]itted the massive ...

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.