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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 STEPHEN LOUIS MITCHAM Case No. 97-CV-03825-LHK Petitioner, 11 JUDGMENT v. 12 13 RON DAVIS, Acting Warden of California State Prison at San Quentin, 14 Respondent. 15 16 17 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. 24 25 DATED: June 1, 2015 26 27 28 Case No. 97-CV-03825-LHK JUDGMENT ____________________________________________ LUCY H. KOH UNITED STATES DISTRICT COURT

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