Joo Heun Lee v. Larry Small

Joo Heun Lee v. Larry Small

Petitioner:	Joo Heun Lee
Respondent:	Larry Small
Case Number:	2:2008cv07120
Filed:	October 28, 2008
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
County:	Los Angeles
Presiding Judge:	Letts
Presiding Judge:	Zarefsky
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 3, 2010	Filing 18 JUDGMENT by Judge J. Spencer Letts: The Petition is conditionally granted as to its sole claim for relief. A writ of habeas corpus shall issue, if, within 120 days from the date this Judgment becomes final, or 120 days after appellate proceedings hav e concluded (whichever is later), the State court does not either 1) retry Petitioner on a properly-charged gang enhancement, as permitted by state law, or 2) relieve Petitioner of any sentence enhancement under California Penal Code § 186.22. Re: Order Accepting Findings and Recommendations 17 . (ib)

Date Filed

Document Text

June 3, 2010

Filing 18 JUDGMENT by Judge J. Spencer Letts: The Petition is conditionally granted as to its sole claim for relief. A writ of habeas corpus shall issue, if, within 120 days from the date this Judgment becomes final, or 120 days after appellate proceedings hav e concluded (whichever is later), the State court does not either 1) retry Petitioner on a properly-charged gang enhancement, as permitted by state law, or 2) relieve Petitioner of any sentence enhancement under California Penal Code § 186.22. Re: Order Accepting Findings and Recommendations 17 . (ib)

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Respondent: Larry Small
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Petitioner: Joo Heun Lee
Represented By:	William J Genego
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