United States District Court, W.D. Pennsylvania
KIMBERLY S. MCKAVENEY, OM-5384, Petitioner,
COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.
MEMORANDUM and ORDER
C. Mitchell United States Magistrate Judge
S. McKaveney, an inmate at the State Correctional Institution
at Muncy has presented a petition for a writ of habeas
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.
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.
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.
August 20, 2015, petitioner filed a state habeas corpus
petition which as of this date is still pending in the Court
of Common Pleas.
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
3. There is no DNA evidence to tie the defendant to the
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