Bacigalupo v. Calderon

Filing 266

JUDGMENT. Signed by Judge Beth Labson Freeman on 9/25/2018. (blflc1S, COURT STAFF) (Filed on 9/25/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MIGUEL ANGEL BACIGALUPO,
Petitioner,

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Case No. 94-cv-02761-BLF

v.
KELLY SANTORO, Acting Warden, North
Kern State Prison,

JUDGMENT

United States District Court
Northern District of California

Respondent.
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Pursuant to the Court’s order of September 25, 2018, (Dkt. No. 265), and previous orders in

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this matter, the petition for a writ of habeas corpus is GRANTED on the basis of the Brady v.

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Maryland, 373 U.S. 83 (1963), errors described in Claims C and D, and on the basis of cumulative

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error as described in Claim L. Petitioner’s judgment of conviction and sentence are accordingly

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VACATED. Claims A and B are DENIED and MOOT. Respondent shall release Petitioner

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from custody unless the state commences proceedings to retry him within 120 days of the date of
entry of judgment on this order.
IT IS SO ORDERED.

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Dated: September 25, 2018
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BETH LABSON FREEMAN
United States District Judge