Dennis Mayfield v. Jeanne Woodford

Filing 327

JUDGMENT (Fed. R. Civ. P. 54(b)) by Judge Fernando M. Olguin that: (1) Petitioner's First Amended Petition for Writ of Habeas Corpus is granted with respect to Claim 2. The judgment of conviction in the matter of People v. Dennis Mayfield, Cas e No. SCR-44261, of the California Superior Court of San Bernardino County, is hereby vacated. The State of California shall, no later than 90 days after the entry of this Judgment, either release petitioner or grant him a new trial. (2) The Petition is denied with respect to Claims 11, 12, and 39. A Certificate of Appealability is granted as to Claim 11 of the Petition, regarding petitioner's sufficiency of the evidence claim. (3) Respondent shall forthwith notify the Warden of San Quentin Prison of this court's Judgment. (jp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DENNIS MAYFIELD, 12 13 14 15 Petitioner, v. RON BROOMFIELD, Acting Warden, Respondent. 16 ) ) ) ) ) ) ) ) ) ) Case No. CV 97-3742 FMO JUDGMENT (Fed. R. Civ. P. 54(b)) 17 Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the court finds there is no 18 just reason for delaying the entry of final judgment with respect to the claims adjudicated in the 19 Court’s Order Re: First Amended Petition for Writ of Habeas Corpus (“Order”). Accordingly, 20 pursuant to the Court’s Order, IT IS ADJUDGED that: 21 1. Petitioner’s First Amended Petition for Writ of Habeas Corpus (“Petition”) is granted with 22 respect to Claim 2. The judgment of conviction in the matter of People v. Dennis Mayfield, Case 23 No. SCR-44261, of the California Superior Court of San Bernardino County, is hereby vacated. 24 The State of California shall, no later than 90 days after the entry of this Judgment, either release 25 petitioner or grant him a new trial. 26 2. The Petition is denied with respect to Claims 11, 12, and 39. A Certificate of 27 Appealability is granted as to Claim 11 of the Petition, regarding petitioner’s sufficiency of the 28 evidence claim. See 28 U.S.C. § 2253(c)(2). 1 3. Respondent shall forthwith notify the Warden of San Quentin Prison of this court’s 2 Judgment. 3 Dated this 26th day of June, 2020. 4 5 /s/ Fernando M. Olguin United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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