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Habeas Relief Granted in Decision Construing Pennsylvania Law of Conspiracy

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In Robertson v. Klem, No. 07-2581 (Aug. 28, 2009), the Court considers a state prosecution resulting in consecutive sentences of five to ten years? imprisonment for each of two alleged conspiracies to commit murder. The Court grants habeas relief on the ground that the evidence was insufficient under Pennsylvania law to support conviction of more than one conspiracy.In an opinion by Judge Sloviter, the Court explains that the evidence at the state trial sufficed to permit a reasonable jury to conclude beyond a reasonable doubt that the defendant had conspired with a second man in the shooting of two persons during a single visit to their home. Focusing on the fact that there were two victims, the Pennsylvania Superior Court upheld consecutive sentences for two conspiracies...continue to full post

Full post as published by Third Circuit Blog on August 31, 2009 (boomark / email).