Opinion
Civil Action 18-5269
07-12-2022
CHRISTOPHER GOODWIN v. JOHN E. WETZEL, ROBERT GILMORE, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADEPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA
ORDER
TIMOTHY J. SAVAGE J.
NOW, this 12th day of July, 2022, upon consideration the Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. No. 22) and the response to the Amended Petition, the Third Amendment and Supplement to Petition for Writ of Habeas Corpus (Doc. No. 72), the response to the Amendment, the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Doc. No. 74), and no objections to the Report and Recommendation having been filed, and after a thorough and independent review of the record, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Lynne A. Sitarski is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus is CONDITIONALLY GRANTED with respect to petitioner's claim that the Commonwealth violated Brady v. Maryland, 373 U.S. 83 (1963);
3. Unless the Commonwealth retries the petitioner within 180 days, the petitioner's conviction in Commonwealth v. Goodwin, No. CP-51-CR-0012214-2011, will be VACATED;
4. The time limit within which the Commonwealth may retry the petitioner may be extended by agreement of the parties or upon a showing of reasonable cause.