Opinion
CV 03-00978 ODW
12-07-2021
JAMES R. SCOTT, Petitioner, v. RON BROOMFIELD, [1] Warden, California State Prison at San Quentin, Respondent.
JUDGMENT (FED. R. CIV. P. 54(B)
OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE
DEATH PENALTY CASE
Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court finds there is no just reason for delaying the entry of final judgment with respect to the claims adjudicated in the Court's Order Granting Relief on Petitioner's Claim of Cumulative Ineffective Assistance of Counsel (“Order”). Accordingly, pursuant to the Court's Order, IT IS ADJUDGED THAT:
1. Petitioner's Amended Petition for Writ of Habeas Corpus (“Petition”) (Dkt. No. 151) is GRANTED with respect to Claim 16(G). The judgment of conviction in the matter of People v. Scott, Case No. A747321 of the California Superior Court of Los Angeles County, is hereby VACATED. The State of California shall, no later than 120 days after the entry of this Judgment, either release Petitioner or grant him a new trial.
2. The Petition is DENIED with respect to Claim 14(I).
3. Respondent shall forthwith notify the Warden of San Quentin Prison of this Court's Judgment.