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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JORGE AYALA,

11-CV-05708-YGR
Petitioner, JUDGMENT

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v.
GREG LEWIS, Warden,

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Respondent.

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For the reasons set forth in this Court’s Order Granting Petition for Writ of Habeas Corpus
and Remanding Case for New Trial,

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IT IS ORDERED AND ADJUDGED

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That petitioner Jorge Ayala’s Petition for Writ of Habeas Corpus is GRANTED. The matter

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is REMANDED to the Superior Court for the County of Santa Clara, State of California, for a NEW

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TRIAL. Respondent shall release petitioner unless the state commences proceedings to retry him

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within ninety (90) days of this order. This Court retains jurisdiction to review compliance with its

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order. Each party bear shall its own costs of action.

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The Clerk shall send a copy of this order to petitioner, petitioner’s attorney, and

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respondent. Respondent shall file a report on the status of this action when it commences

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criminal proceedings against petitioner, or within sixty (60) days from the date of this order,

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whichever occurs earlier.

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IT IS SO ORDERED.

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Dated: October 11, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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