Dykes
Dykes v. Ayers
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ERNEST EDWARD DYKES, Case No. 3:11-cv-04454-SI (VC) 8 Petitioner,
DEATH PENALTY CASE
9 v.
ORDER OF DISMISSAL
10 GENA JONES, Warden of California Health Care Facility, Stockton, Re: Dkt. No. 173 11 Respondent. 12
13
14 On December 21, 2021, Petitioner filed a Petition for a Writ of Habeas Corpus. Dkt. No. 15 13. The Court referred this case to United States District Judge Vince Chhabria for settlement 16 proceedings on November 6, 2023. Pursuant to an agreement between Petitioner and the Alameda 17 County District Attorney’s Office (“ACDAO”), the ACDAO petitioned the Alameda County 18 Superior Court to have Petitioner’s sentence recalled. The ACDAO sought resentencing in the 19 interest of justice because previously undisclosed evidence indicated that Petitioner’s state and 20 constitutional rights under People v. Wheeler, 22 Cal. 3d 258 (1979), and Batson v. Kentucky, 476 21 U.S. 79 (1986), had been violated at his trial. 22 On August 13, 2024, the state court recalled Petitioner’s death sentence and…