Juan Manuel Reyes v. Raymond Madden

Filing 28

JUDGMENT by Judge George H. Wu re APPLICATION 27 : Pursuant to the Ninth Circuit's order remanding the Petition to this Court, IT IS HEREBY ADJUDGED that (1) The Petition is granted with respect to Petitioners first-degree murder conviction, an d that conviction is vacated. Respondent shall release Petitioner from all consequences of that conviction unless, within ninety (90) days of the date of Judgment, the State resentences Petitioner for second-degree murder or provides Petitioner with a new trial on the first-degree murder charge. (2) In all other respects, the Petition is denied. (ib)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

JUAN MANUEL REYES,

11
12
13
14

Petitioner,
v.
RAYMOND MADDEN, Warden,

Case No. SACV 16-02125 GW (AFM)
POST-REMAND JUDGMENT
GRANTING CONDITIONAL WRIT
OF HABEAS CORPUS

Respondent.

15
16
17

Pursuant to the Ninth Circuit’s order remanding the Petition to this Court,
IT IS HEREBY ADJUDGED that:

18

(1) The Petition is granted with respect to Petitioner’s first-degree murder

19

conviction, and that conviction is vacated. Respondent shall release Petitioner from

20

all consequences of that conviction unless, within ninety (90) days of the date of

21

Judgment, the State resentences Petitioner for second-degree murder or provides

22

Petitioner with a new trial on the first-degree murder charge.

23

(2) In all other respects, the Petition is denied.

24
25
26
27
28

DATED: September 10, 2019
__________________________________
GEORGE H. WU
UNITED STATES DISTRICT JUDGE