Arevalo v. Hennessy

Filing 23

ORDER CONDITIONALLY GRANTING 1 WRIT OF HABEAS CORPUS. Signed by Judge Haywood S. Gilliam, Jr. on 2/9/2018. (ndrS, COURT STAFF) (Filed on 2/9/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERICK AREVALO,
Plaintiff,

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v.

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VICKI HENNESSY,
Defendant.

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United States District Court
Northern District of California

Case No.17-cv-06676-HSG
ORDER CONDITIONALLY
GRANTING WRIT OF HABEAS
CORPUS
Re: Dkt. No. 1

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Petitioner Erick Arevalo filed a petition for a writ of habeas corpus on November 20, 2017.

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Dkt. No. 1. On December 22, 2017, this Court dismissed his petition on abstention grounds. See

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Dkt. No. 16. Petitioner filed a notice of appeal on December 26, 2017. Dkt. No. 18. On February

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9, 2018, the Court of Appeals for the Ninth Circuit reversed this Court’s order of dismissal and

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remanded the case with instructions. See Arevalo v. Hennessy, No. 17-17545, slip op. at 10-11

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(9th Cir. Feb. 9, 2018). The Ninth Circuit’s mandate also issued on February 9, 2018.

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Accordingly, the Court CONDITIONALLY GRANTS the petition as follows: the writ of

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habeas corpus shall issue unless the California Superior Court conducts a new, constitutionally

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compliant bail hearing in the underlying criminal case within 14 days of the date of this order.

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The Court assumes this bail hearing will comply with the standards set forth in In re Humphrey,

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No. A152056, 2018 WL 550512 (Cal. Ct. App. Jan. 25, 2018), which the California Court of

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Appeal decided after this Court issued its dismissal order.

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IT IS SO ORDERED.
Dated: 2/9/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge

United States District Court
Northern District of California

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