Opinion
CASE NO. CV 90-4826 SVW
06-19-2017
ERIC KIMBLE, Petitioner, v. RON DAVIS, Warden of California State Prison at San Quentin, Respondent.
DEATH PENALTY CASE
JUDGMENT
IT IS HEREBY ORDERED that the petition for writ of habeas corpus be CONDITIONALLY GRANTED IN PART, as follows:
The petition for writ of habeas corpus as to the rape murder special circumstance finding and sentence of death in the case of People v. Eric Dwayne Kimble, Case No. A345207 of the California Superior Court for the County of Los Angeles, is hereby GRANTED. The judgment of conviction on the rape murder special circumstance, and the sentence of death, shall be VACATED.
In all other respects, the petition for writ of habeas corpus is DENIED.
IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, either grant petitioner a new trial on the rape murder special circumstance, or vacate the rape murder special circumstance finding and death sentence and resentence petitioner in accordance with California law and the United States Constitution.
IT IS SO ORDERED. Dated: June 19, 2017
/s/_________
STEPHEN V. WILSON
United States District Judge