Young

ORDER DENYING RESPONDENT’S MOTION FOR RECONSIDERATION

Re: Dkt. No.

INTRODUCTION

. This federal habeas corpus action, now closed, was filed pursuant to 28 U.S.C. § 2254 by petitioner Robert Young, challenging the validity of a judgment obtained against him in state court following petitioner’s jury trial in Alameda County Superior Court in 1990. On September 11, 2015, the Court granted habeas relief on two subclaims of petitioner’s juror misconduct claim on the basis of evidence presented to the California Supreme Court during state habeas proceedings. The primary evidence supporting the subclaims on which relief was granted was the declaration of Juror S.W., signed under penalty of perjury in 2003 and submitted in support of petitioner’s state habeas petition. The declaration established that S.W. failed to answer honestly questions posed during voir dire and, had he answered correctly, the information would have provided a basis for a challenge for cause. The declaration also established that S.W. held deep-seated racial bias that prevented him from impartially deciding the case.

On July 27, 2015, prior to issuing its order granting habeas relief, the Court held oral…