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04-5916 - SONGSTER v. BEARD et al


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04-5916 - SONGSTER v. BEARD et al
July 29, 2014
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/29/14. 7/29/14 ENTERED AND COPIES MAILED TO LEGAL , COUNSEL AND E-MAILED TO COUNSEL.(lvj, )
July 29, 2014
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ORDER THAT THE CLERK SHALL DOCKET THE MEMORANDUM OPINION OF THIS DATE AND TRANSMIT IT TO THE CLERK OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT TO SUPPLEMENT THE RECORD ON APPEAL IN CA 12-3941. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/29/14. 7/29/14 ENTERED AND COPIES MAILED TO LEGAL, COUNSEL, E-MAILED TO COUNSEL.(lvj, )
August 17, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/17/16. 8/17/16 ENTERED AND COPIES E-MAILED. (jpd,)
August 17, 2016
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D UPON A SHOWING OF REASONABLE CAUSE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/17/16. 8/17/16 ENTERED AND COPIES E-MAILED.(jpd)ORDER THAT THE PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED. THE PETITION IS GRANTED TO THE EXTENT THAT IT CHALLENGES THE PETITIONER'S MANDATORY SENTENCE OF LIFE WITHOUT PAROLE IN LIGHT OF MILLER v. ALABAMA, 132 S. CT 2455 (2012); THE PETITIONER'S SENTENCE IN COMMONWEALTH v. SONGSTER CP-51-CR-1102961-1987 IS VACATED; THE PEITIONER SHALL BE RESENTENCED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF THIS ORDER; THE TIME LIMIT WITHIN THE PETITIONER MUST BE RESENTENCED MAY BE EXTENDE