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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES WILSON CALLOWAY,
Petitioner,
v.
BRENDA M. CASH, Warden
Respondent.

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Case No.: 02-CV-5882 RMW
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ORDER GRANTING PETITION FOR
WRIT OF HABEAS CORPUS

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Petitioner/appellant James Wilson Calloway is confined in a California

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state prison serving a sentence of 25 years to life under California’s Three Strikes law

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that was imposed in 2001. On August 20, 2009, this Court denied petitioner’s petition

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for writ of habeas corpus and granted him a certificate of appealability.

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This case is on remand to this Court as a result of the Ninth Circuit’s

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memorandum granting habeas relief on May 3, 2012. In reliance on Wilson v.

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Knowles, 638 F.3d 1213 (9th Cir. 2011), the Ninth Circuit concluded, with regard to

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the question of whether one of petitioner’s prior convictions constituted a “strike,” that

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the state trial court “erred in not permitting the jury to determine whether Calloway

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actually inflicted great bodily injury upon his 1993 assault victim and, thereby,
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[] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (02-CV5882 RMW)

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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

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must be granted.” Ibid. It issued the mandate on January 16, 2013.
IT IS HEREBY ORDERED that petitioner James Wilson Calloway’s

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petition for writ of habeas corpus is granted, and the requested writ shall therefore

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issue.

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IT IS FURTHER ORDERED that petitioner’s sentence is VACATED,

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and his case is REMANDED to the Superior Court of California for the County of San

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Mateo for re-sentencing in a manner consistent with the views stated in the Ninth

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Circuit’s memorandum decision and the precedent case Wilson v. Knowles, 638 F.3d

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1213 (9th Cir. 2011).
IT IS FURTHER ORDERED that the State of California shall

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commence any resentencing proceedings within 45 days of the date of service of this

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order on the San Mateo County District Attorney’s office.

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DATED:

February 5, 2013

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The Honorable Ronald M. Whyte
U.S. District Judge

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[] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS (02-CV5882 RMW)