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CHRISTOPHER RONEY,
:
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Petitioner,
:
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v.
:
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JOHN E. WETZEL, Acting Secretary,
:
Pennsylvania Department of Corrections;
:
ROBERT GILMORE, Superintendent of the
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State Correctional Institution at Greene; and
:
STEVEN GLUNT, Superintendent of the State :
Correctional Institution at Rockview,
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Respondents.
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On November 21, 2014, Governor Tom Corbett signed a warrant for the execution
of Petitioner, scheduling the execution for January 8, 2015. A copy of the warrant is attached as
Exhibit A.
3.
Four months earlier, on July 23, 2014, Petitioner filed his first counseled petition for
a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the constitutionality of his capital
conviction and death sentence. See Petition For Writ Of Habeas Corpus (Doc. 8).
4.
5.
Christopher Roney was charged in the Court of Common Pleas, Philadelphia County,
with murder and related charges. Docket Number CP-51-CR-0208663-1996. On October 30, 1996,
following a jury trial at which the Honorable Gary S. Glazer presided, Petitioner was found guilty
of first-degree murder, burglary, aggravated assault, three counts of robbery, possession of an
instrument of crime, and conspiracy. Following a penalty hearing on November 1, 1996, the jury
sentenced Petitioner to death.
6.
On March 3, 1997, the trial court formally imposed the sentence of death and
January 20, 2005. See Commonwealth v. Roney, 866 A.2d 351 (Pa. 2005). His timely filed Petition
for Writ of Certiorari was denied on October 3, 2005. Roney v. Pennsylvania, 546 U.S. 860 (2005).
8.
On January 6, 2006, Mr. Roney filed a timely pro se petition under the Post
Conviction Relief Act (PCRA Petition) and requested the appointment of post-conviction counsel.
The matter was assigned to the Honorable Gary S. Glazer, who had presided at trial. On January 10,
2006, Governor Rendell signed a warrant for execution, setting the execution date for March 9,
2006; on February 1, 2006, Judge Glazer stayed the execution pending the resolution of the PCRA
proceedings.
9.
Petitioners pro se petition was supplemented and amended by counsel, and the
PCRA court granted a limited hearing. On April 20, 2009, the PCRA court issued an Order Denying
Petition for Post-Conviction Collateral Relief and an Opinion in support thereof. The PCRA court
issued a supplemental Order and Opinion on April 29, 2009.
10.
The Pennsylvania Supreme Court affirmed the PCRA courts denial of relief. The
Pennsylvania Supreme Court denied Mr. Roneys appeal on October 30, 2013. Commonwealth v.
Roney, 79 A.3d 595 (Pa. 2013). Mr. Roneys Petition for Writ of Certiorari was denied on October
6, 2014. Roney v. Pennsylvania, 135 S.Ct. 56 (2014).
11.
On April 9, 2014, Petitioner filed a form petition for habeas corpus relief pursuant
to 28 U.S.C. 2254 and requested appointment of counsel pursuant to McFarland. See Petitioners
Motion For Leave To Proceed In Forma Pauperis And for Appointment Of Federal Habeas Counsel
(Doc. 4). Counsel was appointed by this Court on April 14, 2014. See Order (Doc. 5).
12.
On July 23, 2014, Petitioner filed his counseled Petition For Writ Of Habeas Corpus
(Doc. 8).
ENTITLEMENT TO RELIEF
13.
Petitioners habeas corpus petition is currently pending before this Court. Thus,
14.
The execution of a defendant who has initiated habeas corpus review but has not had
an opportunity for his habeas claims to be adjudicated would violate his federal statutory right to
such review, and would suspend the writ of habeas corpus in his case in violation of the United
States Constitution.
15.
The Third Circuit has made clear that it would never knowingly permit [a
petitioners] execution while his federal constitutional claims are being litigated. Christy v. Horn,
115 F.3d 201, 207 (3d Cir. 1997).
16.
Because Petitioner has not previously filed a federal petition for habeas corpus relief
from his conviction and death sentence in this or any other court, he is entitled to a stay of execution
to avoid state interference in the litigation of his pending petition for writ of habeas corpus.
17.
Counsel cannot properly litigate under the shadow of a death warrant and the
Since Petitioners habeas corpus proceedings are ongoing in this Court, this Court has
Accordingly, Petitioner should be granted a stay of execution to vindicate his right to full
federal review of his filed federal habeas corpus petition, and seeks a stay of execution until such
time as his petition is decided on the merits.
s/Helen A. Marino
HELEN A. MARINO
JAMES MORENO
Federal Community Defender Office
Eastern District of Pennsylvania
The Curtis Center Suite 545 West
Independence Square West
Philadelphia, PA 19106
(215) 928-0520
Dated: December 3, 2014
CERTIFICATE OF SERVICE
I, Helen A. Marino, hereby certify that on this 3rd day of December, 2014, I served a copy
of the foregoing by upon the following by electronic filing and United States Mail, first class,
postage prepaid:
Thomas Dolgenos, Esquire
Chief, Federal Court Division
Philadelphia District Attorneys Office
2 Penn Square South
Philadelphia PA 19107
s/Helen A. Marino
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Helen A. Marino