Opinion
Civil Action 23-1609
12-20-2024
BRAHEIM PARKER v. TINA WALKER et al.
ORDER
JUAN R. SANCHEZ, J.
AND NOW, this 20th day of December, 2024, upon careful and independent consideration of Petitioner Braheim Parker's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and the Commonwealth's response thereto, and after review of the Report and Recommendation of United States Magistrate Judge Scott W. Reid and the precautionary objections filed by Parker, it is hereby ORDERED:
1. The Report and Recommendation (ECF No. 17) is APPROVED and ADOPTED. 2. The Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED as to Ground One, Parker's claim that trial counsel was ineffective for failing to object to the reasonable doubt jury instruction provided at his trial. 2 3. All remaining grounds for relief are dismissed as moot. 4. The Commonwealth is instructed to retry Petitioner or release him within 180 days. 5. The Clerk of Court is DIRECTED to mark this case CLOSED.