Tauno Waidla v. Steven W. Ornoski, War

Filing 153

JUDGMENT by Judge Andrew J. Guilford. IT IS HEREBY ORDERED, ADJUDGED, AND DECREEED that the First Amended Petition for Writ of Habeas Corpus 25 filed on March 17, 2006 is GRANTED IN PART as follows: Under 28 U.S.C. section 2254(d), Petitioner' s claim of Ineffective Assistance of Counsel regarding the penalty phase of his trial is GRANTED. All other claims for relief are DENIED. IT IS FURTHER ORDERED that within 120 days of the date of this order, the State of California shall either commence retrial of the penalty phase of Petitioner's case or convert his sentence to life in prison without the possibility of parole. IT IS SO ORDERED. (MD JS-6, Case Terminated). (dro)

JS-6

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

CENTRAL DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15

) Case No.: CV 01-0650 AG
)
) JUDGMENT
Petitioner,
)
)
vs.
)
)
RON DAVIS, Warden, California State )
)
Prison at San Quentin,
)
)
Respondent
)
TAUNO WAIDLA,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREEED that the First

16

Amended Petition for Writ of Habeas Corpus filed on March 17, 2006 is

17

GRANTED IN PART as follows:

18

Under 28 U.S.C. section 2254(d), Petitioner’s claim of Ineffective

19

Assistance of Counsel regarding the penalty phase of his trial is GRANTED.

20

All other claims for relief are DENIED.

21

IT IS FURTHER ORDERED that within 120 days of the date of this order,

22

the State of California shall either commence retrial of the penalty phase of

23

Petitioner’s case or convert his sentence to life in prison without the possibility of

24

parole.

25

IT IS SO ORDERED.

26

Dated: December 19, 2017

27
28

_____________________________
ANDREW GUILFORD
UNITED STATES DISTRICT JUDGE

Judgment - 1