Branner

Branner v. Ayers

Good Law
United States District Court, Northern District of CaliforniaDecember 21, 20233:90-cv-03219California232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

WILLIE BRANNER,

Case No. 90-cv-03219-JD Petitioner, 8 v. JUDGMENT 9 RON BROOMFIELD’, Warden, San Quentin State Prison Respondent. a

Pursuant to the parties’ stipulation of December 14, 2023 (Dkt. No. 384), and Rule 58 of

v 14 || the Federal Rules of Civil Procedure, Claim 19 in petitioner’s amended petition for a writ of © 15 || habeas corpus (Dkt. No. 177), is granted. Claim 19 and the supporting evidence establish a A violation of petitioner’s constitutional rights under Batson v. Kentucky, 476 U.S. 79 (1986). All

|| other claims in petitioner’s amended petition are dismissed without prejudice. Petitioner’s conviction and sentence of death are consequently vacated, and judgment is entered in favor of petitioner and against respondent. The State of California shall either || Commence proceedings to retry petitioner in compliance with California state law and the United States…

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