William G. Mordick v. Elvin Valenzuela

Filing 35

JUDGMENT AND ORDER ISSUING WRIT OF HABEAS CORPUS PURSUANT TO MANDATE OF THE NINTH CIRCUIT COURT OF APPEALS by Judge Dean D. Pregerson, in favor of William G Mordick against Elvin Valenzuela. The mandate of the Ninth Circuit issued on August 26, 2019, giving effect to its June 27, 2019 Judgment. Accordingly, pursuant to the Ninth Circuit's Judgment, the Petition for Writ of Habeas Corpus is granted. Respondent is ordered to release petitioner unless the State of California elects to retry petitioner within 120 days of the entry of this Order. Related to: USCA Mandate, 33 (sbou)

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CLERK, U.S. DISTRICT COURT

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9-18-2019

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CENTRAL DISTRICT OF CALIFORNIA

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BY: ___________________ DEPUTY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WILLIAM G. MORDICK,

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Petitioner,

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v.
ELVIN VALENZUELA,
Warden,

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Respondent.

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Case No. SA CV 13-1439-DDP (SP)
JUDGMENT AND ORDER ISSUING
WRIT OF HABEAS CORPUS
PURSUANT TO MANDATE OF THE
NINTH CIRCUIT COURT OF
APPEALS

The Court entered Judgment denying the Petition in this case on August 22,

19 2017. On June 27, 2019, the Ninth Circuit Court of Appeals reversed this Court’s
20 Judgment denying habeas relief, and remanded the case with instructions to issue
21 the Writ, unless the State of California grants petitioner a new trial within a
22 reasonable period of time to be determined by this Court.
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The mandate of the Ninth Circuit issued on August 26, 2019, giving effect

24 to its June 27, 2019 Judgment. Accordingly, pursuant to the Ninth Circuit’s
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1 Judgment, the Petition for Writ of Habeas Corpus is granted. Respondent is
2 ordered to release petitioner unless the State of California elects to retry petitioner
3 within 120 days of the entry of this Order.
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5 DATED: September 18, 2019
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HONORABLE DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

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10 Presented by:
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12 ___________________________________
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SHERI PYM
UNITED STATES MAGISTRATE JUDGE

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