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Reyes v. Madden, SACV 16-02125 GW (AFM). (2019)

Court: District Court, C.D. California Number: infdco20190912758 Visitors: 19
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: POST-REMAND JUDGMENT GRANTING CONDITIONAL WRIT OF HABEAS CORPUS GEORGE H. WU , District Judge . Pursuant to the Ninth Circuit's order remanding the Petition to this Court, IT IS HEREBY ADJUDGED that: (1) The Petition is granted with respect to Petitioner's first-degree murder conviction, and that conviction is vacated. Respondent shall release Petitioner from all consequences of that conviction unless, within ninety (90) days of the date of Judgment, the State resentences Petitioner for se
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POST-REMAND JUDGMENT GRANTING CONDITIONAL WRIT OF HABEAS CORPUS

Pursuant to the Ninth Circuit's order remanding the Petition to this Court, IT IS HEREBY ADJUDGED that:

(1) The Petition is granted with respect to Petitioner's first-degree murder conviction, and that conviction is vacated. Respondent shall release Petitioner from all consequences of that conviction unless, within ninety (90) days of the date of Judgment, the State resentences Petitioner for second-degree murder or provides Petitioner with a new trial on the first-degree murder charge.

(2) In all other respects, the Petition is denied.

Source:  Leagle

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