CHESTER v. HORN

AND NOW, this 28^th day of February, 2011, upon consideration of Frank Robert Chester's Petition for Habeas Relief (Doc. No. 1), all amendments and supplements thereto, Respondents' Responses thereto, oral arguments, and supplemental briefing, it is hereby ORDERED that said Petition is GRANTED IN PART as follows:

(1) Per Respondents' concession and in accordance with the ruling set forth in Laird v. Horn, 414 F.3d 419 (3d Cir. 2005), cert. denied, 546 U.S. 1146 (2006), Petitioner's First Degree Murder conviction and death sentence are VACATED without prejudice;

(2) Petitioner's request for an evidentiary hearing regarding his conflict of interest claim is GRANTED; and,

(3) A ruling on all remaining non-capital, guilt-phase claims shall be deferred pending disposition of Petitioner's conflict of interest claim.