Barry Glenn Williams v. Jeanne Woodford

Filing 268

AMENDED JUDGMENT by Judge David O. Carter. IT IS HEREBY ORDERED that Petitioner Barry Glenn Williams's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction and sentence of death for the murder of J erome Dunn in the matter of People v. Barry Glenn Williams, Case No. A623377, in the California Superior Court for the County of Los Angeles be VACATED. This Order does not affect the separate judgment and conviction for the non-capital murd er of Donald Billingsley, which is also part of Los Angeles County Superior Court Case No. A623377. IT IS FURTHER ORDERED that Respondent shall release Petitioner Barry Glenn Williams from custody within 120 days hereof unless, within 120 d ays of the date of the initial March 29, 2016 Judgment, the State of California grants Petitioner a new trial on all guilt, special circumstance, and penalty issues in accordance with applicable 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. IT IS SO ORDERED. (dro)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 BARRY GLENN WILLIAMS, ) ) Petitioner, ) ) v. ) ) RON DAVIS, Warden, ) California State Prison at ) San Quentin, ) ) Respondent. ) _____________________________ ) Case No. CV 00-10637 DOC DEATH PENALTY CASE AMENDED JUDGMENT 17 18 IT IS HEREBY ORDERED that Petitioner Barry Glenn Williams’s petition for 19 writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment 20 of conviction and sentence of death for the murder of Jerome Dunn in the matter of People 21 v. Barry Glenn Williams, Case No. A623377, in the California Superior Court for the 22 County of Los Angeles be VACATED. This Order does not affect the separate judgment 23 and conviction for the non-capital murder of Donald Billingsley, which is also part of Los 24 Angeles County Superior Court Case No. A623377. 25 IT IS FURTHER ORDERED that Respondent shall release Petitioner 26 Barry Glenn Williams from custody within 120 days hereof unless, within 120 days of 27 the date of the initial March 29, 2016 Judgment, the State of California grants Petitioner a 28 new trial on all guilt, special circumstance, and penalty issues in accordance with applicable 1 2 3 4 5 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. IT IS SO ORDERED. Dated: May 9, 2016 6 7 8 __________________________ DAVID O. CARTER United States District Judge 9 10 11 12 13 14 cc California Attorney General’s Office -docketinglaawt@doj.ca.gov Federal Public Defender - Hilary_Potashner@fd.org Ninth Circuit Court of Appeals - Cathy_Catterson@ca9.uscourts.gov California Department of Corrections - brandy.ebert@cdcr.ca.gov California State Public Defender - helft@ospd.ca.gov 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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