Arevalo v. Hennessy, 17-cv-06676-HSG. (2018)
Court: District Court, N.D. California
Number: infdco20180212498
Visitors: 17
Filed: Feb. 09, 2018
Latest Update: Feb. 09, 2018
Summary: ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS Re: Dkt. No. 1. HAYWOOD S. GILLIAM, JR. , District Judge . Petitioner Erick Arevalo filed a petition for a writ of habeas corpus on November 20, 2017. Dkt. No. 1. On December 22, 2017, this Court dismissed his petition on abstention grounds. See Dkt. No. 16. Petitioner filed a notice of appeal on December 26, 2017. Dkt. No. 18. On February 9, 2018, the Court of Appeals for the Ninth Circuit reversed this Court's order of dismissal and re
Summary: ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS Re: Dkt. No. 1. HAYWOOD S. GILLIAM, JR. , District Judge . Petitioner Erick Arevalo filed a petition for a writ of habeas corpus on November 20, 2017. Dkt. No. 1. On December 22, 2017, this Court dismissed his petition on abstention grounds. See Dkt. No. 16. Petitioner filed a notice of appeal on December 26, 2017. Dkt. No. 18. On February 9, 2018, the Court of Appeals for the Ninth Circuit reversed this Court's order of dismissal and rem..
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ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS
Re: Dkt. No. 1.
HAYWOOD S. GILLIAM, JR., District Judge.
Petitioner Erick Arevalo filed a petition for a writ of habeas corpus on November 20, 2017. Dkt. No. 1. On December 22, 2017, this Court dismissed his petition on abstention grounds. See Dkt. No. 16. Petitioner filed a notice of appeal on December 26, 2017. Dkt. No. 18. On February 9, 2018, the Court of Appeals for the Ninth Circuit reversed this Court's order of dismissal and remanded the case with instructions. See Arevalo v. Hennessy, No. 17-17545, slip op. at 10-11 (9th Cir. Feb. 9, 2018). The Ninth Circuit's mandate also issued on February 9, 2018.
Accordingly, the Court CONDITIONALLY GRANTS the petition as follows: the writ of habeas corpus shall issue unless the California Superior Court conducts a new, constitutionally compliant bail hearing in the underlying criminal case within 14 days of the date of this order. The Court assumes this bail hearing will comply with the standards set forth in In re Humphrey, No. A152056, 2018 WL 550512 (Cal. Ct. App. Jan. 25, 2018), which the California Court of Appeal decided after this Court issued its dismissal order.
IT IS SO ORDERED.
Source: Leagle
