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08-1643 - BROWN v. SHANNON et al


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08-1643 - BROWN v. SHANNON et al
October 9, 2008
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ORDER, THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; CLAIM NOS. 1 THROUGH 10 OF THE PETITION ARE DISMISSED WITH PREJUDICE BECAUSE THEY ARE BARRED BY THE ONE-YEAR STATUTE OF LIMITATIONS; THE PETITION FOR A WRIT OF HABEAS CORPUS IS GRANTED TO THE EXTENT THAT THE CONVICTION FOR VIOLATING THE PA CORRUPT ORGANIZATION ACT, 18 PA. CONS. STAT. SEC. 911 IS VACATED AND THE MATTER IS REMANDED TO THE COURT OF COMMON PLEAS OF PHILA. COUNTY FOR RE-SENTENCING ON THE REMAINING CHARGES IN THE BILLS OF INFORMATION; PETITIONER'S CONVICTION AND SENTENCE PURSUANT TO THE PA CORRUPT ORGANIZATION ACT IS VACATED; AND THE COMMONWEALTH OF PA SHALL RELEASE PETITIONER FROM HIS PRESENT CONFINEMENT UNLESS THE COMMONWEALTH PROVIDES HIM WITH A NEW SENTENCING HEARING, WITHIN 90 DAYS OF THE COURT'S ORDER, ETC.. SIGNED BY HONORABLE JOHN P. FULLAM ON 10/9/08. 10/10/08 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/9/08.(fb)