Ruiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IGNACIO RUIZ, Case No. 18-cv-07681-EMC

Plaintiff,

ORDER GRANTING PETITION FOR

v. WRIT OF HABEAS CORPUS

M. ELIOT SPEARMAN, Docket No. 1 Defendant.

12 13 Petitioner Ignacio Ruiz (“Mr. Ruiz” or “Petitioner”) filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his conviction from Contra Costa County Superior Court. Respondent (also referred to herein as “the government”) has filed an answer to the petition, and Petitioner has filed a traverse. For the reasons discussed below, the petition is GRANTED. I. BACKGROUND A. Factual Background Petitioner was charged with conspiracy to commit murder (Cal. Penal Code §§ 182 (a)(1), 187), two counts of first-degree murder (Cal. Penal Code § 187) with multiple special circumstance allegations (Cal. Penal Code §§ 190.2(a)(3), (a)(22)), and active participation in a criminal street gang (Cal.…