Roybal v. Woodford, et al

Filing 285

FINAL ORDER: (1) Granting Petition for Writ of Habeas Corpus; (2) Issuing Certificate of Appealability; and (3) Ordering Stay of Execution Pending Appeal. Signed by Judge Jeffrey T. Miller on 12/2/2015.(rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RUDOLPH ROYBAL

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CASE NO. 99cv2152 JM (KSC)
DEATH PENALTY CASE

Petitioner,

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FINAL ORDER:

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vs.

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(1) GRANTING PETITION
FOR WRIT OF HABEAS
CORPUS;

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(2) ISSUING CERTIFICATE
OF APPEALABILITY; AND

RON DAVIS, Acting Warden of San
Quentin State Prison,

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(3) ORDERING STAY OF
EXECUTION PENDING
APPEAL

Respondent.

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For the reasons discussed in the court’s December 2, 2015 Order (see ECF No.

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284), the Petition for Writ of Habeas Corpus is GRANTED as to Claims 9, 12 and 39

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in the First Amended Petition and DENIED as to all other claims. The Court

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ORDERS the State of California to either grant Petitioner a new penalty phase trial or

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to vacate the sentence of death and re-sentence Petitioner to life in prison without

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parole, within 120 days of the date of this Order.

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///
-1-

99cv2152

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The Court ISSUES a Certificate of Appealability [“COA”] on Claims 4-9, 12,

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and 39 and DENIES a COA on Claims 1-3, 10-11, and 13-38. See 28 U.S.C.

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§ 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000); (see also ECF No.284 at pp.

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220-21.)

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Pursuant to Local Rule HC.3(g)(6), the Court ORDERS a stay of execution

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“which will continue in effect until the court of appeals acts upon the appeal or the

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order of stay.”

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The Clerk is ORDERED to enter Judgment for Petitioner and to close the file.

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IT IS SO ORDERED.

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DATED: December 2, 2015
Hon. Jeffrey T. Miller
United States District Judge

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99cv2152