Wharton v. Vaughn

Full title: ROBERT WHARTON, Petitioner, v. DONALD T. VAUGHN, Respondent.

Court: United States District Court, E.D. Pennsylvania

Date published: May 11, 2022

01-cv-6049 (E.D. Pa. May. 11, 2022)

Opinion

01-cv-6049

05-11-2022

ROBERT WHARTON, Petitioner, v. DONALD T. VAUGHN, Respondent.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 11^th day of May, 2022, on remand from the Court of Appeals for the Third Circuit, and following evidentiary hearings held on February 25, 2021, March 8, 2021, March 16, 2021, May 11, 2021, and August 5, 2021, and upon consideration of Petitioner Robert Wharton's “Petition for a Writ of Habeas Corpus and Consolidated Memorandum of Law” (ECF No. 22), Petitioner's “Amendment to Petition for Writ of Habeas Corpus” (ECF No. 33), Petitioner's Second “Amendment to Petition for Writ of Habeas Corpus” (ECF No. 90), the responses and replies thereto, and the post-hearing briefs and reply (ECF Nos. 278, 279, 280, and 281), and for the reasons set out in the accompanying memorandum opinion, it is hereby ORDERED that:

1. The Petition for a Writ of Habeas Corpus is DENIED.

2. A Certificate of Appealability shall ISSUE.¹

1 A Certificate of Appealability may only issue upon a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Although I have concluded that Petitioner's Sixth Amendment rights were not violated, I nevertheless find that this standard has been met.