Thursday, May 10, 2007

George martorano

McKeever v. Warden Sci-Graterford, No. 05-2492
Grant and stay of a habeas petition challenging a conviction for drug-related charges, which included two counts arising under the Pennsylvania Corrupt Organizations Act (PACOA), is affirmed where: 1) because the PACOA charges, which defendant was actually innocent of, were not an essential part of an agreed exchange, rescission of his plea was not necessary; and 2) thus, the district court did not err in granting the writ of habeas corpus and leaving the remedy to the commonwealth.

No comments: