Mary Ellen Samuels v. Mary Lattimore

Filing 90

JUDGMENT by Judge S. James Otero: Writ of habeas corpus be CONDITIONALLY GRANTED and that the sentence of death in the matter of People v. Mary Ellen Samuels, Case No. PA002269 of the California Superior Court of Los Angeles County Superior Court, Van Nuys, shall be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, either grant Petitioner a new penalty trial or vacate the death sentence and resentence Petitioner in accordance with California law and the United States Constitution Related to: Order 89 . (MD JS-6, Case Terminated). (lc)

1
2

JS-6

3
4
5

March 9, 2020

6

VC
P

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

MARY ELLEN SAMUELS,

)
)
Petitioner,
)
)
v.
)
)
JANEL ESPINOZA, Warden of
)
Central California Women’s Facility, )
)
Respondent.
)
)
)

CASE NO. CV 10-3225 SJO

DEATH PENALTY CASE
JUDGMENT

17
IT IS HEREBY ORDERED that Petitioner Mary Ellen Samuels’ petition

18
19

for writ of habeas corpus be CONDITIONALLY GRANTED and that the

20

sentence of death in the matter of People v. Mary Ellen Samuels, Case No.

21

PA002269 of the California Superior Court of Los Angeles County Superior Court,

22

Van Nuys, shall be VACATED.

23

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

24

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

25

vacate the death sentence and resentence Petitioner in accordance with California

26

law and the United States Constitution.

27

//

28

//

1

IT IS FURTHER ORDERED that the Clerk of this Court shall

2

immediately notify the Warden of San Quentin Prison of this Court’s judgment.

3

IT IS SO ORDERED.

4

Dated: March 9, 2020.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

S. JAMES OTERO
United States District Judge