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Bacigalupo v. Santoro, 94-cv-02761-BLF. (2018)

Court: District Court, N.D. California Number: infdco20181203771 Visitors: 6
Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: CORRECTED JUDGMENT BETH LABSON FREEMAN , District Judge . Pursuant to the Court's order, Docket. No. 272, 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, as well as the cumulative error described in Claim L. Claims A and B are DENIED and MOOT. Respondent shall release Petitioner from custody unless the state commences proceedings to retry him within
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CORRECTED JUDGMENT

Pursuant to the Court's order, Docket. No. 272, 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, as well as the cumulative error described in Claim L. 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 effective date of the entry of this judgment or the parties choose other lawful action consistent with this order. See Dkt. Nos. 265 & 266.

The effective date of this judgment is September 25, 2018, the issue date for the Court's original judgment. See Dkt. Nos. 265 & 266.

IT IS SO ORDERED.

Source:  Leagle

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