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00-300 - BREAKIRON v. HORN, et al


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00-300 - BREAKIRON v. HORN, et al
September 24, 2008
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OPINION indicating that Breakiron has not demonstrated that he is entitled to habeas relief as to his robbery conviction. However, he has shown that his conviction of first degree murder is unworthy of confidence because the prosecution suppressed evidence that could have been used by competent defense counsel to impeach the credibility of Ellis Price, whose testimony it relied upon to establish an element of first degree murder. As a result, within 120 days of the entry of the following Order, the Commonwealth shall conduct a new trial to determine if Breakiron is guilty of first degree murder or a lesser degree of murder or a writ of habeas corpus shall issue as to the murder conviction; An Order will follow. Signed by Judge Nora Barry Fischer on 9/24/08. (jg)
October 27, 2008
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MEMORANDUM indicating that it is ordered that the 181 Motion for Reconsideration re 179 Memorandum & Opinion is denied; details more fully stated in said Opinion. Signed by Judge Nora Barry Fischer on 10/27/08. (jg)