Lorenzo Johnson v. Neal Mechling

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 08-2477
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LORENZO JOHNSON,
Appellant
v.
NEAL MECHLING, SUPERINTENDENT;
COMMONWEALTH OF PENNSYLVANIA
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(No. 4-04-cv-01564)
District Judge: Honorable John E. Jones, III
Argued September 30, 2009
Re-Submitted Pursuant to Third Circuit LAR 34.1(a)
July 23, 2012
On Remand from the United States Supreme Court (No. 11-1053)
Before: MCKEE, Chief Judge, CHAGARES, and NYGAARD, Circuit Judges.
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JUDGMENT ORDER
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On July 19, 2004, appellant Lorenzo Johnson filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254 challenging his convictions for first degree murder
and conspiracy to commit murder in Pennsylvania state court. The District Court denied
the petition but granted a certificate of appealability with respect to appellant’s claim that
the Commonwealth failed to present sufficient evidence to support his convictions. In a
divided opinion, this Court reversed the District Court’s judgment and remanded with
instructions to grant the writ of habeas corpus. On appeal, the Supreme Court of the
United States reversed this Court’s decision and remanded for further proceedings
consistent with its opinion.
In accordance with the Supreme Court’s per curiam opinion, Coleman v. Johnson,
132 S. Ct. 2060 (2012), it is hereby ORDERED and ADJUDGED that this Court’s not
precedential opinion, filed October 4, 2011, is hereby VACATED and the judgment of
the District Court for the Middle District of Pennsylvania, entered on March 31, 2008, is
hereby AFFIRMED. Appellant’s motion for briefing and reconsideration of this Court’s
denial of a certificate of appealability with respect to appellant’s Brady claim, filed July
23, 2012, is hereby DENIED. The Clerk is directed to issue the mandate upon the filing
of this judgment order.
By the Court,
/s/ Michael A. Chagares
Circuit Judge
Attest:
/s/Marcia M. Waldron
Clerk
DATED: April 17, 2013