Opinion
No. Civ. S 03-2063 JAM JFM P No. Civ. S 04-2208 JAM JFM P
09-05-2012
ALONZO DEON JOHNSON, Petitioner, v. CLAUDE E. FINN, Warden, Respondent. DARRYL THOMPSON, Petitioner, v. TOM L. CAREY, Warden, Respondent.
DANIEL J. BRODERICK, Bar #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender Attorney for Petitioners ALONZO DEON JOHNSON and DARRYL THOMPSON
DANIEL J. BRODERICK, Bar #89424
Federal Defender
DAVID M. PORTER, Bar #127024
Assistant Federal Defender
Attorney for Petitioners
ALONZO DEON JOHNSON and DARRYL THOMPSON
ORDER
ORDER
Pursuant to the decision of the Ninth Circuit Court of Appeals, Johnson v. Finn, 665 F.3d 1063 (2011), petitioners' application, and good cause appearing therefor, the Court:
(1) VACATES the orders denying the petitions for writ of habeas corpus filed March 23, 2009, and the judgments entered the same day;
The Court also VACATES the previous orders -- CR #80 in Johnson v. Finn and CR #63 in Thomas v. Carey -- that were entered in error.
(2) ADOPTS in full the magistrate judge's findings and recommendations filed August 19, 2009;
(3) GRANTS the petitions for a writ of habeas corpus based on petitioners' claims under Batson v. Kentucky, 476 U.S. 79 (1986), with respect to prospective juror W.J.; and,
(4) DIRECTS the State to vacate petitioners' convictions and respondents to release petitioners from custody unless proceedings in the state court leading to retrial are commenced within sixty days from the date of this order.
__________________
Honorable JOHN A. MENDEZ
United States District Court Judge