Jensen v. Hernandez
Filing 45
ORDER signed by Magistrate Judge Dale A. Drozd on 3/30/2012 ORDERING 1 Petition for Writ of Habeas Corpus filed by Keith Hugh Jensen is CONDITIONALLY GRANTED only with respect to his claims of Faretta error and that his appellate counsel rendered i neffective assistance in failing to raise that Faretta error on appeal. The petition is DENIED in all other respects. Therefore, the writ is conditionally granted and petitioner's judgment of conviction shall be vacated only if respondent fails to either dismiss the enhancement allegations which were added by amendment after the Faretta advisement and resentence petitioner, or initiate proceedings to retry petitioner within 90 days. However, if either party appeals the judgment in this case, no criminal proceedings need be commenced until 90 days after the issuance of the mandate following a final appeallate decision or the denial of a petition for writ of certiorari, whichever occurs later. (Waggoner, D)
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