Pensinger v. Woodford

Pensinger v. Woodford

Petitioner:	Brett Patrick Pesinger
Respondent:	Jeanne Woodford
Case Number:	2:1992cv01928
Filed:	November 30, 2012
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
Presiding Judge:	Dale S. Fischer
Nature of Suit:	Death Penalty - Habeas Corpus
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
November 30, 2012	Filing 266 JUDGMENT by Judge Dale S. Fischer: IT IS ORDERED that Petitioner Brett Patrick Pensinger's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction on the special circumstance and the sentence of death in t he matter of People v. Brett Patrick Pensinger, Case No. SCR 38261 of the California Superior Court of San Bernardino County, be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, eithe r grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding anddeath sentence and resentence Petitioner in accordance with California law and the United States Constitution. IT IS FURTHER ORDERED that the Clerk of this Court shall immediately notify the Warden of San Quentin Prison of this Court's judgment. (MD JS-6, Case Terminated). (ir)

Date Filed

Document Text

November 30, 2012

Filing 266 JUDGMENT by Judge Dale S. Fischer: IT IS ORDERED that Petitioner Brett Patrick Pensinger's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction on the special circumstance and the sentence of death in t he matter of People v. Brett Patrick Pensinger, Case No. SCR 38261 of the California Superior Court of San Bernardino County, be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, eithe r grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding anddeath sentence and resentence Petitioner in accordance with California law and the United States Constitution. IT IS FURTHER ORDERED that the Clerk of this Court shall immediately notify the Warden of San Quentin Prison of this Court's judgment. (MD JS-6, Case Terminated). (ir)

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Respondent: Jeanne Woodford
Represented By:	Elizabeth Ann Hartwig
Represented By:	Holly D Wilkens
Represented By:	Adrianne S Denault
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Petitioner: Brett Patrick Pesinger
Represented By:	Jan B Norman
Represented By:	Jan B Norman
Represented By:	Thomas Nishi
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