Martin Kipp v. Jeanne Woodford

Filing 346

JUDGMENT by Judge Andre Birotte Jr.: Pursuant to the Mandate of the Court of Appeals issued 2/16/2021 345 and the Judgment of the Court of Appeals entered 8/19/2020 342 , petitioner Martin Kipp's Amended Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED. The judgment of conviction and special circumstance finding in the matter of People v. Martin James Kipp, Case No. C56472 of the California Superior Court of Orange County, are VACATED. The State of California shall, no later than 90 days after the entry of this Judgment, either release petitioner from his incarceration on that conviction and judgment or grant him a new trial. The Clerk is ordered to enter this Judgment. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
) CASE NO. CV 99-4973 AB
) DEATH PENALTY CASE
Petitioner,
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v.
) JUDGMENT
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RON BROOMFIELD,* Acting Warden )
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of California State Prison at San
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Quentin,
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Respondent.
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MARTIN KIPP,

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Pursuant to the Mandate of the Court of Appeals issued February 16, 2021

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and the Judgment of the Court of Appeals entered August 19, 2020, petitioner

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Martin Kipp’s Amended Petition for Writ of Habeas Corpus is

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CONDITIONALLY GRANTED. The judgment of conviction and special

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circumstance finding in the matter of People v. Martin James Kipp, Case No.

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C56472 of the California Superior Court of Orange County, are VACATED. The

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State of California shall, no later than 90 days after the entry of this Judgment,

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Ron Broomfield is substituted for his predecessors as Warden of California State Prison at San
Quentin pursuant to Federal Rule of Civil Procedure 25(d).
*