Testo completo
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY BACA,
Petitioner-Appellant,
v.
DERRAL ADAMS,
Respondent-Appellee.
No. 13-56132
D.C. No.
5:08-cv-00683-
MMM-PJW
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
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BACA V. ADAMS 2
COUNSEL
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 time.
REVERSED and REMANDED. The mandate shall
issue forthwith.
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