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)
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?