Calloway v. Pelican Bay State Prison Warden et al

Filing 77

ORDER granting petition for writ of habeas corpus (rmwlc1, COURT STAFF) (Filed on 2/5/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 JAMES WILSON CALLOWAY, Petitioner, v. BRENDA M. CASH, Warden Respondent. ) ) ) ) ) ) ) ) ) ) Case No.: 02-CV-5882 RMW [] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS 14 15 Petitioner/appellant James Wilson Calloway is confined in a California 16 17 state prison serving a sentence of 25 years to life under California’s Three Strikes law 18 that was imposed in 2001. On August 20, 2009, this Court denied petitioner’s petition 19 for writ of habeas corpus and granted him a certificate of appealability. 20 This case is on remand to this Court as a result of the Ninth Circuit’s 21 22 memorandum granting habeas relief on May 3, 2012. In reliance on Wilson v. 23 Knowles, 638 F.3d 1213 (9th Cir. 2011), the Ninth Circuit concluded, with regard to 24 the question of whether one of petitioner’s prior convictions constituted a “strike,” that 25 the state trial court “erred in not permitting the jury to determine whether Calloway 26 27 28 actually inflicted great bodily injury upon his 1993 assault victim and, thereby, 1 [] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (02-CV5882 RMW) 1 2 violated Calloway’s clearly established constitutional right to a jury trial.” Memorandum at 4. The Ninth Circuit held that petitioner’s “petition for habeas relief 3 4 must be granted.” Ibid. It issued the mandate on January 16, 2013. IT IS HEREBY ORDERED that petitioner James Wilson Calloway’s 5 6 petition for writ of habeas corpus is granted, and the requested writ shall therefore 7 issue. 8 IT IS FURTHER ORDERED that petitioner’s sentence is VACATED, 9 10 and his case is REMANDED to the Superior Court of California for the County of San 11 Mateo for re-sentencing in a manner consistent with the views stated in the Ninth 12 Circuit’s memorandum decision and the precedent case Wilson v. Knowles, 638 F.3d 13 14 1213 (9th Cir. 2011). IT IS FURTHER ORDERED that the State of California shall 15 16 commence any resentencing proceedings within 45 days of the date of service of this 17 order on the San Mateo County District Attorney’s office. 18 19 DATED: February 5, 2013 20 21 22 The Honorable Ronald M. Whyte U.S. District Judge 23 24 25 26 27 28 2 [] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (02-CV5882 RMW)

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