Darryl A Escalante v. Randy Grounds, Warden

Filing 78

JUDGMENT by Judge A. Howard Matz,IT IS ADJUDGED that Grounds Two and Three in petitioner's Petition for Writ of Habeas Corpus ("Petition") are denied with prejudice. The Petition is granted as to Ground One. Respondent is directed to release petitioner unless the State of California elects to grant petitioner a new trial within ninety (90) days of entry of Judgment. 77 (MD JS-6, Case Terminated). (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DARRYL ANDRES ESCALANTE,

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Petitioner,

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v.

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RANDY GROUNDS, Warden,

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Respondent.

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NO. CV 02-7711 AHM (FMO)

JUDGMENT

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IT IS ADJUDGED that Grounds Two and Three in petitioner’s Petition for Writ of Habeas

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Corpus (“Petition”) are denied with prejudice. The Petition is granted as to Ground One.

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Respondent is directed to release petitioner unless the State of California elects to grant petitioner

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a new trial within ninety (90) days of entry of Judgment.

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DATED: June 14, 2012

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A. HOWARD MATZ
UNITED STATES DISTRICT JUDGE

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JS-6