Bryan Mincey, et al v. Jeanne Woodford

Filing 352

JUDGMENT by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that Petitioner Bryan Joseph Mincey's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction on the special circumstance and the sentence of de ath in the matter of People v. Bryan Joseph Mincey, Case No. SCR 41466 of the California Superior Court of San Bernardino County, shall be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgm ent, either grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding and death sentence and resentence Petitioner in accordance with California law and the United States Constitution. IT IS FURTHER ORDERED that the Clerk of this Court shall immediately notify the Warden of San Quentin Prison of this Court's judgment. (MD JS-6, Case Terminated). (bm)

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FILED CLERK, U.S. DISTRICT COURT 1 2 6/15/15 3 CENTRAL DISTRICT OF CALIFORNIA WH BY: ___________________ DEPUTY 4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 BRYAN JOSEPH MINCEY, 11 Petitioner, 12 v. 13 * RON DAVIS, Warden of California State Prison at San Quentin, 14 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 93-2554 PSG DEATH PENALTY CASE JUDGMENT 17 IT IS HEREBY ORDERED that Petitioner Bryan Joseph Mincey’s petition 18 19 for writ of habeas corpus be CONDITIONALLY GRANTED and that the 20 judgment of conviction on the special circumstance and the sentence of death in 21 the matter of People v. Bryan Joseph Mincey, Case No. SCR 41466 of the 22 California Superior Court of San Bernardino County, shall be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 23 24 days from the entry of this Judgment, either grant Petitioner a new trial on the 25 special circumstance allegation, or vacate the special circumstance finding and 26 death sentence and resentence Petitioner in accordance with California law and the 27 * 28 Ron Davis is substituted for his predecessors as Warden of California State Prison at San Quentin, pursuant to Federal Rule of Civil Procedure 25(d). 1 2 United States Constitution. IT IS FURTHER ORDERED that the Clerk of this Court shall 3 immediately notify the Warden of San Quentin Prison of this Court’s judgment. 4 IT IS SO ORDERED. 5 Dated: June 15, 2015. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PHILIP S. GUTIERREZ United States District Judge

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