Lopez

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. 2254. Respondent was ordered to show cause why the writ should not be granted. Respondent has filed an answer, along with a supporting memorandum of points and authorities and exhibits. Petitioner has responded with a traverse. For the reasons set forth below, the petition for a writ of habeas corpus is Granted.

STATEMENT

In 1986, petitioner was sentenced to a term of seventeen years to life in state prison pursuant to his conviction for second-degree murder and assault with a deadly weapon, as well as enhancements of both convictions for the use of a firearm. In 2006, the California Board of Parole Hearings (“Board”) granted parole, but the Governor reversed their decision. Petitioner filed habeas petitions challenging the Governor’s denial of parole in all three levels of the California courts. The Superior Court of the County of San Francisco denied the petition in a reasoned decision (Resp. Exh. 2). The California Court of Appeal and the Supreme Court of California issued summary denials (Resp. Exhs. 6 & 7). Thereafter, petitioner…