Opinion
CASE NO. CV 99-4973 AB
02-18-2021
MARTIN KIPP, Petitioner, v. RON BROOMFIELD, Acting Warden of California State Prison at San Quentin, Respondent.
DEATH PENALTY CASE JUDGMENT
Pursuant to the Mandate of the Court of Appeals issued February 16, 2021 and the Judgment of the Court of Appeals entered August 19, 2020, petitioner Martin Kipp's Amended Petition for Writ of Habeas Corpus is CONDITIONALLY GRANTED. The judgment of conviction and special circumstance finding in the matter of People v. Martin James Kipp, Case No. C56472 of the California Superior Court of Orange County, are VACATED. The State of California shall, no later than 90 days after the entry of this Judgment, either release petitioner from his incarceration on that conviction and judgment or grant him a new trial.
Petitioner remains incarcerated on his Los Angeles County conviction and sentence of death, People v. Martin James Kipp, Case No. A028286. --------
The Clerk is ordered to enter this Judgment.
IT IS SO ORDERED.
Dated: February 18, 2021.
/s/_________
NDRI BIRITTE, JR.
United States District Judge