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Bacigalupo v. Santoro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Sep 25, 2018
Case No. 94-cv-02761-BLF (N.D. Cal. Sep. 25, 2018)

Opinion

Case No. 94-cv-02761-BLF

09-25-2018

MIGUEL ANGEL BACIGALUPO, Petitioner, v. KELLY SANTORO, Acting Warden, North Kern State Prison, Respondent.


JUDGMENT

Pursuant to the Court's order of September 25, 2018, (Dkt. No. 265), and previous orders in this matter, the petition for a writ of habeas corpus is GRANTED on the basis of the Brady v. Maryland, 373 U.S. 83 (1963), errors described in Claims C and D, and on the basis of cumulative error as described in Claim L. Petitioner's judgment of conviction and sentence are accordingly VACATED. Claims A and B are DENIED and MOOT. Respondent shall release Petitioner from custody unless the state commences proceedings to retry him within 120 days of the date of entry of judgment on this order.

IT IS SO ORDERED. Dated: September 25, 2018

/s/_________

BETH LABSON FREEMAN

United States District Judge


Summaries of

Bacigalupo v. Santoro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Sep 25, 2018
Case No. 94-cv-02761-BLF (N.D. Cal. Sep. 25, 2018)
Case details for

Bacigalupo v. Santoro

Case Details

Full title:MIGUEL ANGEL BACIGALUPO, Petitioner, v. KELLY SANTORO, Acting Warden…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Sep 25, 2018

Citations

Case No. 94-cv-02761-BLF (N.D. Cal. Sep. 25, 2018)