Richard Russell Moon v. Robert L. Ayers

Filing 280

JUDGMENT by Judge John A. Kronstadt. Pursuant to the Order Granting Habeas Relief, IT IS HEREBY ORDERED AND ADJUDGED that the First Amended Petition is CONDITIONALLY GRANTED and the sentence of death in the matter People v. Moon, Case No. KA004445 of the Superior Court of Los Angeles, is VACATED. FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment. Related to: Order 279 . (MD JS-6, Case Terminated.) (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RICHARD RUSSELL MOON,
Petitioner,

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DEATH PENALTY CASE

v.

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Case No. LA CV 08-08327 JAK
JUDGMENT

RON BROOMFIELD, Warden,
California State Prison at San
Quentin,

JS-6

Respondent.

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Pursuant to the Order Granting Habeas Relief, IT IS HEREBY ORDERED AND

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ADJUDGED that the First Amended Petition is CONDITIONALLY GRANTED and the

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sentence of death in the matter People v. Moon, Case No. KA004445 of the Superior

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Court of Los Angeles, is VACATED.

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IT IS FURTHER ORDERED that the State of California shall, within 120 days

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from the entry of this Judgment, either grant Petitioner a new penalty phase trial, or

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vacate the death sentence and resentence Petitioner in accordance with California law

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and the United States Constitution.

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The Clerk is ordered to enter this judgment and immediately notify the Warden of
San Quentin Prison of it.
IT IS SO ORDERED.

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Dated: October 21, 2021
John A. Kronstadt
U.S. DISTRICT JUDGE

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