XVIII PETITION FOR WRIT OF HABEAS CORPUS
104. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through one hundred three (103), above, inclusive, as if the same were fully set forth at length herein.
105. Since his arrest, Cuadra has been incarcerated at a County Correctional Facility in lieu of bail;
106. On June 14,2006, a Preliminary Hearing was held on the above charges before District Justice James Tupper who ruled that a Prima Facie Case had been established on all charges.
107. The admissible evidence at the Preliminary Hearing did not make out a prima facie case as required by the applicable Pennsylvania Rules of Criminal Procedure.
108. The evidence presented at the Preliminary Hearing did not establish Probable Cause to believe that the Cuadra committed a crime. Therefore, holding Cuadra in custody violates his rights to be free from an unreasonable seizure of the person as guaranteed by the Fourth and Fourteenth Amendments of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.
109. Cuadra further avets that the evidence presented by the Commonwealth at the aforesaid Preliminary Hearing failed to establish proof in the form of competent evidence against him of each and every element of the crimes of Criminal Homicide, Criminal Conspiracy to Commit Criminal Homicide, Criminal Solicitation to Commit Criminal Homicide, Robbery, Criminal Conspiracy to Commit Robbery and Theft by Unlawful Taking which is necessary for those charges to be bound to this Court for trial.
110. Cuadra further avers that the evidence presented by the Commonwealth at the aforesaid Preliminary Hearing failed to establish proof in the form of competent evidence against him that he killed the above named individuals or that he prompted, assisted, conspired with another or is in any other way responsible for the deaths of the above named individuals.
WHEREFORE, the Petitioner, Harlow Cuadra, based upon the foregoing, respectfully requests.that this Honorable Court issue a Writ of Habeas Corpus against the Commonwealth and to further direct dismissal of all charges filed against him in the above captioned matter.
104. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through one hundred three (103), above, inclusive, as if the same were fully set forth at length herein.
105. Since his arrest, Cuadra has been incarcerated at a County Correctional Facility in lieu of bail;
106. On June 14,2006, a Preliminary Hearing was held on the above charges before District Justice James Tupper who ruled that a Prima Facie Case had been established on all charges.
107. The admissible evidence at the Preliminary Hearing did not make out a prima facie case as required by the applicable Pennsylvania Rules of Criminal Procedure.
108. The evidence presented at the Preliminary Hearing did not establish Probable Cause to believe that the Cuadra committed a crime. Therefore, holding Cuadra in custody violates his rights to be free from an unreasonable seizure of the person as guaranteed by the Fourth and Fourteenth Amendments of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.
109. Cuadra further avets that the evidence presented by the Commonwealth at the aforesaid Preliminary Hearing failed to establish proof in the form of competent evidence against him of each and every element of the crimes of Criminal Homicide, Criminal Conspiracy to Commit Criminal Homicide, Criminal Solicitation to Commit Criminal Homicide, Robbery, Criminal Conspiracy to Commit Robbery and Theft by Unlawful Taking which is necessary for those charges to be bound to this Court for trial.
110. Cuadra further avers that the evidence presented by the Commonwealth at the aforesaid Preliminary Hearing failed to establish proof in the form of competent evidence against him that he killed the above named individuals or that he prompted, assisted, conspired with another or is in any other way responsible for the deaths of the above named individuals.
WHEREFORE, the Petitioner, Harlow Cuadra, based upon the foregoing, respectfully requests.that this Honorable Court issue a Writ of Habeas Corpus against the Commonwealth and to further direct dismissal of all charges filed against him in the above captioned matter.
