Bacigalupo v. Calderon

Filing 273

CORRECTED JUDGMENT. Signed by Judge Beth Labson Freeman on 11/30/2018. (blflc1S, COURT STAFF) (Filed on 11/30/2018)

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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
CORRECTED JUDGMENT

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

United States District Court
Northern District of California

Respondent.
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Pursuant to the Court’s order, Docket. No. 272, and previous orders in this matter, the

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petition for a writ of habeas corpus is GRANTED on the basis of the Brady v. Maryland, 373 U.S.

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83 (1963) errors described in Claims C and D, as well as the cumulative error described in

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Claim L. Claims A and B are DENIED and MOOT. Respondent shall release Petitioner from

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custody unless the state commences proceedings to retry him within 120 days of the effective date

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of the entry of this judgment or the parties choose other lawful action consistent with this order.

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See Dkt. Nos. 265 & 266.

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The effective date of this judgment is September 25, 2018, the issue date for the Court’s

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original judgment. See Dkt. Nos. 265 & 266.

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IT IS SO ORDERED.

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Dated: November 30, 2018
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BETH LABSON FREEMAN
United States District Judge