James Edward Hardy v. Michael Martel

Filing 78

JUDGMENT by Judge Virginia A. Phillips. IT IS ADJUDGED that the Petition is granted and that Respondent shall discharge Petitioner from all adverse consequences of his convictions in Los Angeles County Superior Court Case No. A148767, unless Petitioner is retried within 90 days of the entry of this judgment, plus any additional delay authorized under state law. (im)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JAMES EDWARD HARDY, 11 Petitioner, 12 v. 13 MICHAEL MARTEL, WARDEN, 14 15 16 Respondent. ) CASE NO. CV 11-7310-VAP (PJW) ) ) ) ) [PROPOSED] JUDGMENT ) ) ) ) ) ) On May 10, 2017, the Ninth Circuit Court of Appeals issued 17 its mandate, remanding the action to this Court with 18 instructions to grant the petition for writ of habeas corpus. 19 IT IS ADJUDGED that the Petition is granted and that 20 Respondent shall discharge Petitioner from all adverse 21 consequences of his convictions in Los Angeles County Superior 22 Court Case No. A148767, unless Petitioner is retried within 90 23 24 25 26 27 28 1 days of the entry of this judgment, plus any additional delay 2 authorized under state law. 3 4 DATED: May 19, 2017 . 5 6 VIRGINIA A. PHILLIPS CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Presented by: 22 23 24 25 PATRICK J. WALSH UNITED STATES MAGISTRATE JUDGE 26 27 28 O:\VAP\ECF Ready\LA11CV07310 VAP(PJW)-PROP-JUDGMENT-194.wpd

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