Allison, et al v. Robert Wong, Acting Warden

Filing 395

JUDGMENT by Judge Christina A. Snyder. IT IS HEREBY ADJUDGED that the petition for writ of habeas corpus by a person in state custody under a sentence of death 49 is GRANTED IN PART AND DENIED IN PART. (See attached Judgment for further details). T he Court ORDERS the State of California either to grant petitioner a new trial on the special circumstance allegations and, if appropriate, the penalty phase verdict, or to vacate the special circumstance findings and the sentence of death and to re-sentence petitioner in accordance with California state law and the United States Constitution. (MD JS-6, Case Terminated). (jp)

Allison, et al v. Robert Wong, Acting Warden

Doc. 395

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WATSON ALLISON, Petitioner, v. VINCENT CULLEN, Warden of California State Prison at San Quentin, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 92-06404 CAS DEATH PENALTY CASE JUDGMENT

IT IS HEREBY ADJUDGED that the petition for writ of habeas corpus by a person in state custody under a sentence of death is GRANTED IN PART AND DENIED IN PART. For the reasons set forth in the Memorandum and Order, filed June 11, 2007, and the Final Memorandum and Order on Petitioner's Remaining Claims 1, 2A, 2B,2H, 5, 11 ¶ 12, 15, and 31, filed concurrently herewith: 1. Insofar as it challenges petitioner's convictions for robbery and first degree felony murder of Leonard Wesley Polk in the case of People of the State of California v.

Dockets.Justia.com

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Watson Allison, Los Angeles County Superior Court Case No. A026128, the petition for writ of habeas corpus is DENIED. 2. Insofar as it challenges the special circumstances finding, that petitioner intentionally committed the murder of Polk while engaged in the commission of robbery, and the penalty phase verdict of death in the case of People of the State of California v. Watson Allison, Los Angeles County Superior Court Case No. A026128, the petition for writ of habeas corpus is GRANTED. The Court ORDERS the State of California either to grant petitioner a new trial on the special circumstance allegations and, if appropriate, the penalty phase verdict, or to vacate the special circumstance findings and the sentence of death and to re-sentence petitioner in accordance with California state law and the United States Constitution. IT IS SO ORDERED. Dated: July 22, 2010. ___________________________ Christina A. Snyder UNITED STATES DISTRICT JUDGE

CLEAR FORM

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Case No.
CV92-6404-CAS

Case Title ALLISON v. CULLEN

Title of Document Judgment
ADR BAP (Bankruptcy Appellate Panel) BOP (Bureau of Prisons) CA St Pub Defender (Calif. State PD) CAAG (California Attorney General's Office Keith H. Borjon, L.A. Death Penalty Coordinator)

US Attorneys Office - Civil Division -L.A. US Attorneys Office - Civil Division - S.A. US Attorneys Office - Criminal Division -L.A. US Attorneys Office - Criminal Division -S.A. US Bankruptcy Court US Marshal Service - Los Angeles (USMLA) US Marshal Service - Riverside (USMED) US Marshal Service -Santa Ana (USMSA) US Probation Office (USPO) US Trustee's Office Warden, San Quentin State Prison, CA ADD NEW NOTICE PARTY
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Case Asgmt Admin (Case Assignment Administrator) Chief Deputy Admin Chief Deputy Ops Clerk of Court Death Penalty H/C (Law Clerks) Dep In Chg E Div Dep In Chg So Div Federal Public Defender Fiscal Section Intake Section, Criminal LA Intake Section, Criminal SA Intake Supervisor, Civil MDL Panel Ninth Circuit Court of Appeal PIA Clerk - Los Angeles (PIALA) PIA Clerk - Riverside (PIAED) PIA Clerk - Santa Ana (PIASA) PSA - Los Angeles (PSALA) PSA - Riverside (PSAED) PSA - Santa Ana (PSASA) Schnack, Randall (CJA Supervising Attorney) Statistics Clerk
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