Ruling In:
ORDER (memorandum filed previously as separate docket entry) - AND NOW, this 30th day of April, 2019, upon consideration of the application (Doc. 1) for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Petitioner, Graham B. Spanier, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. Spaniers petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED with respect to the first two grounds raised in the petition, namely that the application of the 2007 child endangerment statute to his 2001 conduct, and the jury instruction based on the 2007 statute, as applied to Spanier, are unconstitutional. His petition is DENIED with respect to the third ground raised, the application of a statute-of-limitations exception not raised by the Commonwealth before or at trial. 2. Spaniers conviction and sentence for one count of Endangerment of the Welfare of a Child in the Court of Common Pleas of Dauphin County, No. CP-22-CR-0003615-2013 are VACATED. 3. The execution of the writ of habeas corpus is STAYED for 90 days from the date of this order, during which time the Commonwealth of Pennsylvania may afford Spanier a new trial. 4. A certificate of appealability shall issue with respect to Spaniers third claim, that his conviction was upheld on the basis of a statute-of-limitations exception that the Commonwealth did not raise before trial. See 28 U.S.C. § 2254 Rule 11(a); 28 U.S.C. § 2253(c). 5. The Clerk of Court is directed to administratively CLOSE this case. Signed by Magistrate Judge Karoline Mehalchick on 4/30/2019. (cw) (Entered: 04/30/2019)
ORDER (memorandum filed previously as separate docket entry) - AND NOW, this 30th day of April, 2019, upon consideration of the application (Doc. 1) for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Petitioner, Graham B. Spanier, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. Spaniers petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED with respect to the first two grounds raised in the petition, namely that the application of the 2007 child endangerment statute to his 2001 conduct, and the jury instruction based on the 2007 statute, as applied to Spanier, are unconstitutional. His petition is DENIED with respect to the third ground raised, the application of a statute-of-limitations exception not raised by the Commonwealth before or at trial. 2. Spaniers conviction and sentence for one count of Endangerment of the Welfare of a Child in the Court of Common Pleas of Dauphin County, No. CP-22-CR-0003615-2013 are VACATED. 3. The execution of the writ of habeas corpus is STAYED for 90 days from the date of this order, during which time the Commonwealth of Pennsylvania may afford Spanier a new trial. 4. A certificate of appealability shall issue with respect to Spaniers third claim, that his conviction was upheld on the basis of a statute-of-limitations exception that the Commonwealth did not raise before trial. See 28 U.S.C. § 2254 Rule 11(a); 28 U.S.C. § 2253(c). 5. The Clerk of Court is directed to administratively CLOSE this case. Signed by Magistrate Judge Karoline Mehalchick on 4/30/2019. (cw) (Entered: 04/30/2019)
