Ayala v. Lewis

Filing 48

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)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 6 JORGE AYALA, 11-CV-05708-YGR Petitioner, JUDGMENT 7 8 9 v. GREG LEWIS, Warden, 10 Respondent. 11 12 13 For the reasons set forth in this Court’s Order Granting Petition for Writ of Habeas Corpus and Remanding Case for New Trial, 14 IT IS ORDERED AND ADJUDGED 15 That petitioner Jorge Ayala’s Petition for Writ of Habeas Corpus is GRANTED. The matter 16 is REMANDED to the Superior Court for the County of Santa Clara, State of California, for a NEW 17 TRIAL. Respondent shall release petitioner unless the state commences proceedings to retry him 18 within ninety (90) days of this order. This Court retains jurisdiction to review compliance with its 19 order. Each party bear shall its own costs of action. 20 The Clerk shall send a copy of this order to petitioner, petitioner’s attorney, and 21 respondent. Respondent shall file a report on the status of this action when it commences 22 criminal proceedings against petitioner, or within sixty (60) days from the date of this order, 23 whichever occurs earlier. 24 IT IS SO ORDERED. 25 26 Dated: October 11, 2017 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?