Opinion
No. C95-02335 MMC.
June 1, 2003
David L. Andersen, Andersen Zimmer, Oakland, CA, Attorney for Petitioner.
DEATH PENALTY CASE
MOTION TO WITHDRAW PETITION FOR WRIT OF HABEAS CORPUS
TO: THE ABOVE ENTITLED COURT AND TO BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA BY SHARON BIRENBAUM, DEPUTY ATTORNEY GENERAL: PLEASE TAKE NOTICE that petitioner, ROBERT HENRY NICOLAUS, by his attorney, David Andersen hereby moves to withdraw his previously filed Petition for this Court's Writ of Habeas Corpus. Petitioner has died of heart failure while in custody. (See attached letter of Warden J.S. Woodford.) Accordingly, his petition is now moot.