Mitcham v. Calderon, et al

Filing 410

JUDGMENT. Signed by Judge Lucy H. Koh on 6/1/2015. (lhklc3, COURT STAFF) (Filed on 6/1/2015)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN LOUIS MITCHAM

Case No. 97-CV-03825-LHK

Petitioner,

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JUDGMENT
v.

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RON DAVIS, Acting Warden of California
State Prison at San Quentin,

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Respondent.

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Pursuant to this Court’s Order of May 1, 2015, (ECF Doc. No. 409), and previous Orders in

18 this matter, the petition for a writ of habeas corpus is GRANTED on the basis of claim D’s subclaim
19 of ineffective assistance of counsel, and petitioner’s judgment of conviction and sentence of death
20 are VACATED. The State of California shall either release or retry petitioner, in compliance with
21 California state law and the United States Constitution. Petitioner’s remaining claims are dismissed
22 as moot.
23 IT IS SO ORDERED.
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25 DATED: June 1, 2015
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Case No. 97-CV-03825-LHK
JUDGMENT

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LUCY H. KOH
UNITED STATES DISTRICT COURT