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ARNOLD HOLLOWAY, Petitioner, v. MARTIN HORN, Commissioner, Pennsyl

ORDER

Franklin S. Van Antwerpen, United States District Judge.

And now, this 27th day of August, 2001, upon consideration of the Petition for Writ of Habeas Corpus, filed on April 3, 2000, all filings in this case, the entire record transmitted by the Clerk of Quarter Sessions Court of Philadelphia County, the expanded record, evidence presented at an evidentiary hearing, and oral arguments, it is hereby ORDERED, consistent with the foregoing opinion, that

1. Petitioner Arnold Holloway's Petition for Writ of Habeas Corpus is GRANTED as to Claim X. A., which relates to ineffectiveness of counsel for failure to investigate mental health related issues and request a defense mental health expert;

2. The Petition is DENIED in all other respects;

3. Petitioner's death sentence is hereby VACATED and his case REMANDED to the Pennsylvania courts for resentencing in a new penalty phase proceeding;
4. Based on our findings and conclusions in the foregoing Opinion, there are no grounds to issue a certificate of appealability, and such certificate is DENIED;
5. For the reasons stated in the foregoing Opinion, Petitioner's Motion for Summary Judgment on Batson Claim filed on August 2, 2001 is DENIED; and
6. As stated at the evidentiary hearing held August 16, 2001, the Commonwealth's Motion for Reconsideration of Grant of Evidentiary Hearing is DENIED.

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HOLLOWAY v. HORN, (E.D.Pa. 2001)
(Aug 27, 2001)