Johnson v. Finn, et al
| Alonzo Deon Johnson |
| Claude E. Finn and Attorney General for the State of California |
| Ronald Freitas |
| 2:2003cv02063 |
| September 30, 2003 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| John A. Mendez |
| John F. Moulds |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
81
ORDER signed by Judge John A. Mendez on 9/5/2012. Pursuant to the decision of the 9th Court of Appeals [Johnson v. Finn, 665 F.3d 1063 (2011)], petitioners' Application, and good cause appearing, Court hereby: (1) VACATES Orders denying Petition s for Writ of Habeas Corpus filed 3/23/2009 and Judgments entered the same day;* (2) ADOPTS in full Magistrate Judge Moulds' 62 Findings and Recommendations filed 8/19/2009; (3) GRANTS Applications for Writ of Habeas Corpus based on petitioner s' claims under Batson v. Kentucky [476 U.S. 79 (1986)] with respect to prospective juror W.J.; and, (4) DIRECTS the State to vacate petitioners' convictions and respondents to release petitioners from custody unless proceedings in State Court leading to retrial are commenced within 60 days from date of this Order. Court also VACATES previous 80 Order that was entered in error. (Marciel, M)
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Filing
80
ORDER signed by Judge John A. Mendez on 8/31/2012 ORDERING 69 Judgment and 68 Order are VACATED; Court ADOPTS IN FULL 62 FINDINGS and RECOMMENDATIONS; and GRANTS 1 Petition for Writ of Habeas Corpus. State is DIRECTED to VACATE petitioner's convictions and respondents to release petitioners from custody unless proceedings in the state court leading to retrial are commenced within 60 days from the date of this order. (Waggoner, D)
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Filing
62
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/18/09 RECOMMENDING that the applications for a writ of hc be granted based on petitioners' Batson claim w/ respect to prospective juror Mr. Jones; respondent be directed to release petitioners Johnson and Thompson from custody unless proceedings in state court leading to retrial are commenced w/in 60 days of adoption of these F&R; and in all other respects, petitioner Thompson's petition be denied. Referred to Judge John A. Mendez; Objections to F&R due w/in 20 days. (Yin, K)
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