Jackson v. Superior Court

INTRODUCTION

Petitioner Jared Flint Jackson was sentenced in March 2004 to two consecutive terms of 15 years to life following his conviction after a jury trial of two counts of aggravated sexual assault on a child (Pen. Code, § 269) and one count of misdemeanor child endangerment (§ 273a, subd. (b)). After this court filed its decision in People v. Uribe (2008) 162 Cal.App.4th 1457 [ 76 Cal.Rptr.3d 829 ] (Uribe), petitioner filed a petition for writ of habeas corpus in this court, arguing that the prosecution’s failure to disclose during pretrial discovery the videotape of the victim’s sexual assault response team (SART) examination amounted to prejudicial Brady error and a denial of due process, and requesting that this court order a new trial. On February 5, 2009, we issued an order to show cause returnable in the superior court why petitioner was not entitled to the relief requested. On October 27, 2009, after completion of the briefing and without holding an evidentiary hearing, the superior court issued an order granting the petition for writ of habeas corpus without specifying what relief petitioner would receive.

On or about November 6, 2009, the People filed a…