Madrigal

Madrigal v. Yates

Good Law

662 F. Supp. 2d 1162·2009 WL 2916808·2009 U.S. Dist. LEXIS 81368

United States District Court, Central District of CaliforniaSeptember 3, 2009Case CV 07-7251-GAF (MLG)California15,942 words

Opinion

Feess, J.

ORDER ACCEPTING AND ADOPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND GRANTING CONDITIONAL WRIT OF HABEAS CORPUS

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court has reviewed the petition and all of the records and files herein, as well as the Report and Recommendation of the United States Magistrate Judge. The Court has conducted a de novo review of those portions of the Report and Recommendation to which objections were filed.

IT IS ORDERED that the Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED that Petitioner shall be brought to retrial within sixty (60) days of the date of entry of judgment or alternatively, be discharged from the adverse consequences of the conviction and judgment in this case.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . On January 18, 2002, a Los Angeles County Superior Court jury convicted Petition er Rafael Madrigal, Jr. of the attempted murder of Ricardo Aguilera (Cal.Penal Code §§ 664, 187(a)). The jury also found true that Petitioner personally used a handgun (Cal.Penal Code § 12022.53), and that the…

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