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Tag Archives: Order

No “Brady’ violation in habeas case

Where petitioner seeks habeas corpus relief on the basis that the commonwealth violated the Brady rule by withholding impeachment evidence, petitioner has not conclusively established that counsel never received the evidence. The circuit court correctly determined there was no Brady ...

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Petition for actual innocence writ denied

A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that another informant recanted his testimony, is dismissed. Further, we reject ...

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Ineffective assistance requires new trial

Where respondent concedes that petitioner’s plea-based convictions were the result of ineffective assistance of counsel, petitioner is entitled to habeas relief and a new trial is ordered. Petitioner pleaded no contest to felony obstruction of justice and felony eluding under ...

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