Response in Opposition to the Commonwealth's Motion to Vacate

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the recusal issue. There are valid grounds making recusal appropriate under the Eighth andFourteenth Amendments to the United States Constitution, and under Pennsylvania law, as statedin the appended and separately filed motion for recusal. These grounds include that Chief JusticeCastille personally authorized his Office to seek the death penalty in this case. The factual predicateand legal analysis supporting recusal are stated in the appended motion for recusal.42
CONCLUSIONThe Commonwealth's motion to vacate the stay of execution entered by the Honorable M.Teresa Sarmina should be denied.Respectfully submitted,LEIGH M. SKIPPERChief Federal DefenderBY:~~IBilly H. NolasPABarNo.83177Shawn NolanPA Bar No. 56535Assistant DefendersFederal Community Defender Officefor the Eastern District of PennsylvaniaSuite 545 West - The Curtis CenterPhiladelphia, P A 19106(215) 928-0520Counsel for Terrance Williams43
Page 1: IN THE SUPREME COURT OF PENNSYLVANI
Page 4 and 5: testimony, the parties' written sub
Page 6 and 7: alia, the original trial and capita
Page 8 and 9: inappropriate in any case, but it i
Page 10 and 11: that Mr. Draper told the prosecutin
Page 12 and 13: The Commonwealth, citing Commonweal
Page 14 and 15: 1. Government interference.Mr. Will
Page 16 and 17: knowledge ofMr. Draper's statements
Page 18 and 19: of assault with intent to murder, a
Page 20: As a prosecution witness ... , [Dra
Page 23 and 24: Judge Sarmina appropriately found t
Page 25 and 26: Norwood files Ms. Foulkes stated, "
Page 27 and 28: A. Yes.Q. How Mr. Norwood was kille
Page 29 and 30: There was additional undisclosed ev
Page 31 and 32: connect all of the dots." NT 9/2811
Page 33 and 34: e afforded relief as to the penalty
Page 35 and 36: himself would necessarily know that
Page 37 and 38: One, that all the requirements of t
Page 39 and 40: their findings and recommendations.
Page 41: Sexual Assault Resource and Counsel
Page 45 and 46: ATTACHMENT A
Page 47 and 48: ATTACHMENT B
Page 49 and 50: 3. Chief Justice Castille was the D
Page 51 and 52: INQUIRER (Oct. 21, 1993) (available
Page 53 and 54: allegation"); Beasley. 937 A.2d at
Page 55 and 56: was the District Attorney responsib
Page 57 and 58: Ripe for Disqualification. 52 Ariz.
Page 59 and 60: 1130,1134 (6th Cir.1969) (applying
Page 61 and 62: objective standards that govern rec
Page 63: Court's adoption of the following "

Response in Opposition to the Commonwealth's Motion to Vacate

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