Ayala v. Lewis
JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 10/11/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/11/2017)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GREG LEWIS, Warden,
For the reasons set forth in this Court’s Order Granting Petition for Writ of Habeas Corpus
and Remanding Case for New Trial,
IT IS ORDERED AND ADJUDGED
That petitioner Jorge Ayala’s Petition for Writ of Habeas Corpus is GRANTED. The matter
is REMANDED to the Superior Court for the County of Santa Clara, State of California, for a NEW
TRIAL. Respondent shall release petitioner unless the state commences proceedings to retry him
within ninety (90) days of this order. This Court retains jurisdiction to review compliance with its
order. Each party bear shall its own costs of action.
The Clerk shall send a copy of this order to petitioner, petitioner’s attorney, and
respondent. Respondent shall file a report on the status of this action when it commences
criminal proceedings against petitioner, or within sixty (60) days from the date of this order,
whichever occurs earlier.
IT IS SO ORDERED.
Dated: October 11, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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