Opinion
90-cv-03219-JD
12-21-2023
WILLIE BRANNER, Petitioner, v. RON BROOMFIELD[1], Warden, San Quentin State Prison Respondent.
JUDGMENT
JAMES DONATO UNITED STATES DISTRICT JUDGE
Pursuant to the parties' stipulation of December 14, 2023 (Dkt. No. 384), and Rule 58 of the Federal Rules of Civil Procedure, Claim 19 in petitioner's amended petition for a writ of habeas corpus (Dkt. No. 177), is granted. Claim 19 and the supporting evidence establish 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 Constitution within 90 days of the date of this Order, or release petitioner.
IT IS SO ORDERED.