Davis

OPINION AND ORDER MODIFYING WRIT OF HABEAS CORPUS

This opinion and order is made with reference to the following facts:

1. Following his conviction for rape in the Los Angeles Superior Court and exhaustion of state remedies, petitioner filed in this court a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 .

2. This court on September 22, 1972 found that the Due Process Clause was violated at his state court trial when police laboratory reports which analyzed vaginal smear slides and an undergarment of the prosecuting witness were wrongfully suppressed by the prosecutor. A copy of the findings of fact and conclusions of law are appended hereto as Exhibit A.

3. The court then issued a conditional writ of habeas corpus which provided that the petitioner shall be discharged unless the State shall institute proceedings to retry the petitioner within 60 days from the date the conditional writ became final. A copy of that conditional writ is appended hereto as Exhibit B.

4. On March 2, 1973 the Court of Appeals for the Ninth Circuit affirmed the conditional writ by a Memorandum of Affirmance, a copy of which is apended hereto as Exhibit C.

5. Thereafter the State…