Johnson v. State of Oregon et al
| Richard Johnson |
| State of Oregon, Board of Parole and Post-Prison Supervision and Klamath County |
| 3:2009cv00701 |
| June 18, 2009 |
| US District Court for the District of Oregon |
| Portland Office |
| Jackson |
| Malcolm F. Marsh |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
46
OPINION AND ORDER. Petitioner's amended petition for writ of habeas corpus 5 is GRANTED on ground one and DENIED on grounds two through eleven. Petitioner's convictions for Sodomy in the First Degree and Unlawful Sexual Penetration in the First Degree are vacated. Respondents are ordered to release petitioner from custody and discharge him from all other adverse consequences of his conviction unless petitioner is brought to retrial within 90 days of the date of the Judgment herein becomes final, plus any additional delay authorized by State law. IT IS SO ORDERED. Signed on 05/02/2011 by Judge Malcolm F. Marsh. (gw)
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