The Court granted the petitioner's request for an unconditional writ of habeas corpus and ordered his immediate release. In 2017, the U.S. Court of Appeals found that Mr. Haskell's due process rights had been violated during the trial that led to his 1998 first-degree murder conviction, and granted him a conditional writ of habeas corpus. Mr. Haskell was not given a new trial during the 180-day limit imposed by this writ, so on April 13, 2018 the W.D. Court granted Mr. Haskell an unconditional writ of habeas corpus. However, Mr. Haskell was never released from custody. Thus the new petition and this decision by the same court. The Court denied Mr. Haskell's request to bar his retrial, despite the state's delay to schedule a retrial and Mr. Haskell's "health vulnerabilities to the continuing COVID-19 pandemic." The Court notes that, as such, Mr. Haskell may be re-arrested on the original charges after his release.
Haskell v. Folino, 10-cv-00149-SPB, Dkt. No. 93 (W.D. Pa. May 20, 2020)
DETAILS
Decision
Date
5/20/2020
Practice Area
Criminal (State Charges)
Relief Requested
Bond Hearing, Delayed Surrender, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
10-cv-00149-SPB
MORE CASE INFORMATION
Court Name
W.D. Pa.
Decision
Motions Partially Granted
Place of Incarceration
State Prison
Name of Facility
Erie County Prison
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The Court granted the petitioner's request for an unconditional writ of habeas corpus, but denied Haskell's request to bar his retrial.
Pre-Existing Health Conditions
Asthma, Depression, Diabetes, Other, Schizophrenia, Serious and Persistent Mental Illness (SPMI), Substance Use Disorder, Psoriasis
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.