Delgado

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

I.

INTRODUCTION

On April 19, 1996, petitioner Steven Delgado filed a “Petition For Writ Of Habeas Corpus By A Person In State Custody” (“Petition”) pursuant to 28 U.S.C. § 2254 . Petitioner’s remaining claim is that he was denied his Fifth and Sixth Amendment rights when the trial judge conducted an ex parte communication with the deliberating jury. After duly considering the record and available law, the Court concludes that petitioner has been denied due process of law and the right to the assistance of counsel. He is entitled to issuance of a conditional writ of habeas corpus which provides for a new trial if the State of California so elects or which grants petitioner his freedom if the State does not initiate proceedings for a new trial within 120 days from the date this Order is filed.

II.

PROCEDURAL BACKGROUND OF PETITION

Although only the first claim remains, Petitioner Steven Delgado originally asserted that his state conviction is unconstitutional on numerous grounds, contending that: (1) the trial judge’s ex parte communication with the deliberating jury violated his Fifth and Sixth Amendment rights; (2) the trial…