IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
No. CP- 67- CR-0006562- 2016

COMMONWEALTH

CAPITAL CASE

PAUL JACKSON HENRY, III,
Defendant

COLINSEL OF RECORD:

David W. Sunday, Jr, Esquire

Farley G. Holt, Esquire

Jennifer L. Russell, Esquire

Suzanne S. Smith, Esquire

Lewis M. Reagan, Esquire

Counsel for the Defense

Counsel for the Commonwealth

ORDER

AND NOW, this

day of April, 2019, the parties being in agreement regarding

the necessity of removing the defendant' s sentence of death, the Court hereby ORDERS the
REMOVAL OF THE SENTENCE OF DEATH imposed upon Paul J. Henry, III and
provides notice that a RESENTENCING is STAYED pending further proceedings to

determine the limits of resentencing. The reasons for this stay are recited infra.
The Court, sua sponte, queried whether double jeopardy had attached such that the

re- imposition of a sentence of death, should it be deemed appropriate by a neutral fact- finder,
would be barred. Upon review of the parties' memorandums of law, we have resolved that

double jeopardy has not attached and, therefore, further ORDER that double jeopardy does
not

bar the

re-

imposition

of a sentence of

death.

 Finally, counsel for the defense has raised the issue of whether a judge or jury, sitting
for a resentencing hearing would be bound to find any mitigation that was found by the
original jury. To this end, it is ORDERED that counsel for the defendant shall have 20 days
to file any support for this contention and the Commonwealth shall have 10 days from the
receipt of

any defense

filing

to file a

response—

if they so choose. Resentencing shall be

scheduled by order of the Court following the closing of the period for the submission of
memorandums regarding the issue of mitigation.

Copies of this Order shall be sent to York County Clerk of Courts, the Honorable

David W. Sunday, District Attorney of York County, Farley G. Holt, Esquire, Suzanne S.

Smith, Esquire, and the defendant, Paul J. Henry, III.

BY THE COURT:

i/

MICHAEL E. BORTNER, JUDGE

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