Opinion
Civil Action 2:23-cv-00710-AB
12-10-2024
SCOTT HARMON, Petitioner, v. JOSEPH TERRA, et al., Respondents.
ORDER
ANITA B. BRODY, J.
AND NOW, this 10th day of December, 2024, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (“the Petition”) and the parties' briefs and related filings, and after review of the Report and Recommendation of United States Magistrate Scott W. Reid, to which no objections have been made,it is ORDERED that:
On November 26, 2024, Respondents filed a letter indicating they have no objections to Judge Reid's Report and Recommendation. See Letter, ECF No. 29.
1. The Report and Recommendation is APPROVED and ADOPTED. 2. The Petition is GRANTED IN PART and DENIED IN PART. The Petition is GRANTED as to Count Eight (that Petitioner's trial counsel rendered ineffective assistance relating to Regina Pepples). The Petition is otherwise DENIED as to all other Counts. 3. Petitioner's first-degree murder conviction is VACATED. 4. The matter is REMANDED to the Philadelphia County Court of Common Pleas. Within 180 days of the entry of this Order, the Commonwealth shall RETRY Petitioner or RELEASE him from custody.