Bacigalupo v. Santoro, 94-cv-02761-BLF. (2018)
Court: District Court, N.D. California
Number: infdco20180926a56
Visitors: 3
Filed: Sep. 25, 2018
Latest Update: Sep. 25, 2018
Summary: JUDGMENT BETH LABSON FREEMAN , District Judge . Pursuant to the Court's order of September 25, 2018, (Dkt. No. 265), and previous orders in this matter, the petition for a writ of habeas corpus is GRANTED on the basis of the Brady v. Maryland, 373 U.S. 83 (1963), errors described in Claims C and D, and on the basis of cumulative error as described in Claim L. Petitioner's judgment of conviction and sentence are accordingly VACATED. Claims A and B are DENIED and MOOT. Respondent
Summary: JUDGMENT BETH LABSON FREEMAN , District Judge . Pursuant to the Court's order of September 25, 2018, (Dkt. No. 265), and previous orders in this matter, the petition for a writ of habeas corpus is GRANTED on the basis of the Brady v. Maryland, 373 U.S. 83 (1963), errors described in Claims C and D, and on the basis of cumulative error as described in Claim L. Petitioner's judgment of conviction and sentence are accordingly VACATED. Claims A and B are DENIED and MOOT. Respondent s..
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JUDGMENT
BETH LABSON FREEMAN, District Judge.
Pursuant to the Court's order of September 25, 2018, (Dkt. No. 265), and previous orders in this matter, the petition for a writ of habeas corpus is GRANTED on the basis of the Brady v. Maryland, 373 U.S. 83 (1963), errors described in Claims C and D, and on the basis of cumulative error as described in Claim L. Petitioner's judgment of conviction and sentence are accordingly VACATED. Claims A and B are DENIED and MOOT. Respondent shall release Petitioner from custody unless the state commences proceedings to retry him within 120 days of the date of entry of judgment on this order.
IT IS SO ORDERED.
Source: Leagle
