ORDER GRANTING PETITIONER's APPLICATION FOR WRIT OF HABEAS CORPUS
JOSEPH IRENAS, District JudgePage 2
Currently before the Court is Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court having considered the submissions of the parties, and having held an evidentiary hearing, and for the reasons set forth in an Opinion which findings of fact, and conclusions of Law are incorporated herein by reference, and for good cause appearing,
IT IS on this 8th day of April, 2004, ORDERED THAT:
1. Petitioner's application for writ of habeas corpus pursuant to
28 U.S.C. § 2254 is
GRANTED on the ground that, he was denied effective assistance of counsel at the penalty phase of his capital murder trial.
2. Petitioner's death sentence is
VACATED.
3. The within matter is remanded to Superior Court of New Jersey, Criminal division, Atlantic County for a new
sentencing hearing to be held within 120 days unless such date is extended by further order of the Court.