Kimble v. Jeanne Woodford

Filing 373

JUDGMENT by Judge Stephen V. Wilson, in favor of Eric Kimble against Jeanne Woodford: The petition for writ of habeas corpus as to the rape murder specialcircumstance finding and sentence of death in the case of People v. Eric DwayneKimble, Case No. A345207 of the California Superior Court for the County of LosAngeles, is hereby GRANTED. The judgment of conviction on the rape murderspecial circumstance, and the sentence of death, shall be VACATED. Please refer to the Court's Judgment for further details. (MD JS-6, Case Terminated). (cr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ERIC KIMBLE,
Petitioner,

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v.

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RON DAVIS, Warden of California
State Prison at San Quentin,

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Respondent.

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CASE NO. CV 90-4826 SVW

DEATH PENALTY CASE
JUDGMENT

IT IS HEREBY ORDERED that the petition for writ of habeas corpus be
CONDITIONALLY GRANTED IN PART, as follows:

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The petition for writ of habeas corpus as to the rape murder special

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circumstance finding and sentence of death in the case of People v. Eric Dwayne

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Kimble, Case No. A345207 of the California Superior Court for the County of Los

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Angeles, is hereby GRANTED. The judgment of conviction on the rape murder

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special circumstance, and the sentence of death, shall be VACATED.

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In all other respects, the petition for writ of habeas corpus is DENIED.

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IT IS FURTHER ORDERED that the State of California shall, within 120

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days from the entry of this Judgment, either grant petitioner a new trial on the rape

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murder special circumstance, or vacate the rape murder special circumstance

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finding and death sentence and resentence petitioner in accordance with California

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law and the United States Constitution.

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IT IS SO ORDERED.
Dated: June 19, 2017

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STEPHEN V. WILSON
United States District Judge

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