Johnny Baca v. Derral Adams
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY BACA, No. 13-56132 Petitioner-Appellant, D.C. No. v. 5:08-cv-00683-
MMM-PJW
DERRAL ADAMS,
Respondent-Appellee.
ORDER
Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding
Argued and Submission Deferred January 8, 2015 Resubmitted January 30, 2015 Pasadena, California
Filed January 30, 2015
Before: Alex Kozinski, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges.
Order Patrick J. Hennessey, Jr. (argued), Law Office of Patrick Hennessey, San Diego, California, for Petitioner-Appellant.
David Delgado-Rucci, Kevin Vienna (argued), Office of the California Attorney General, San Diego, California, for Respondent-Appellee.
ORDER
Respondent’s unopposed motion to summarily reverse the district court’s judgment is hereby GRANTED.
The judgment below is REVERSED. The district court is directed to enter an order granting a conditional writ of habeas corpus, releasing Baca from custody unless the state of California retries him within a reasonable period of…